Robertson v Wojakovski

Robertson v Wojakovski

The debtor failed to provide credible evidence of a reasonable prospect of paying the petition debt or the debts owed to supporting creditors within a reasonable time. Bankruptcy is a class remedy, and the inability to pay supporting creditors justifies refusal of an adjournment. There is no defence to the petition, and a bankruptcy order must be made.

Parties
Petitioning Creditor: Rachel Robertson; Debtor: Edward Wojakovski; Supporting Creditors: Tonstate Group Limited, Tonstate Edinburgh Limited, Dan-Ton Investments Limited and Mr Arthur Matyas
Jurisdiction
England and Wales
Judgment Date
14 October 2020
Procedural Posture
Bankruptcy Petition / Judgment on Petition for Bankruptcy Order
Outcome
Bankruptcy order made against Mr Edward Wojakovski
Legal Topics
Bankruptcy, Adjournment of Petition, Class Remedy, Payment of Debts, Supporting Creditors
Insolvency Law Bankruptcy Adjournment of Petition Class Remedy Payment of Debts Supporting Creditors

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Parties

Rachel Robertson

Petitioning Creditor

Edward Wojakovski

Debtor

Tonstate Group Limited, Tonstate Edinburgh Limited, Dan-Ton Investments Limited and Mr Arthur Matyas

Supporting Creditors

Procedural Posture

Bankruptcy Petition / Judgment on Petition for Bankruptcy Order

Legal Issues

  1. 1 Whether a bankruptcy order should be made against Mr Edward Wojakovski based on an undisputed petition debt and substantial supporting creditors' debts
  2. 2 Whether the court should adjourn the petition to allow time for payment of the petition debt and/or supporting creditors' debts
  3. 3 Whether the debtor provided credible evidence of ability to pay within a reasonable time

Ratio Decidendi

The debtor failed to provide credible evidence of a reasonable prospect of paying the petition debt or the debts owed to supporting creditors within a reasonable time. Bankruptcy is a class remedy, and the inability to pay supporting creditors justifies refusal of an adjournment. There is no defence to the petition, and a bankruptcy order must be made.

Court Disposition

Bankruptcy order made against Mr Edward Wojakovski

Orders

  • Bankruptcy order to be made against Mr Edward Wojakovski