Robertson v Wojakovski [2020] EWHC 2737 (Ch) (14 October 2020)

Robertson v Wojakovski [2020] EWHC 2737 (Ch) (14 October 2020)

Adjournment of bankruptcy petition requires credible evidence of ability to pay both petition debt and supporting creditors within a reasonable time. Debtor failed to provide such evidence; no realistic prospect of payment. Bankruptcy order must be made.

Citation
[2020] EWHC 2737 (Ch)
Parties
Petitioning Creditor: Rachel Robertson; Debtor: Edward Wojakovski; Supporting Creditor: Tonstate Group Limited; Supporting Creditor: Tonstate Edinburgh Limited; Supporting Creditor: Dan-Ton Investments Limited; Supporting Creditor: 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 Edward Wojakovski.
Legal Topics
Bankruptcy Order, Adjournment for Payment, Class Remedy, Creditor Substitution, Statutory Demand, Costs Order, Disclosure Obligations
Insolvency Bankruptcy Company Law Bankruptcy Order Adjournment for Payment Class Remedy Creditor Substitution Statutory Demand +2 more

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Parties

Rachel Robertson

Petitioning Creditor

Edward Wojakovski

Debtor

Tonstate Group Limited

Supporting Creditor

Tonstate Edinburgh Limited

Supporting Creditor

Dan-Ton Investments Limited

Supporting Creditor

Arthur Matyas

Supporting Creditor

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
  2. 2 Whether adjournment should be granted to allow time for payment of petition debt and supporting creditors' debts
  3. 3 Whether credible evidence exists of ability to pay debts within a reasonable time

Ratio Decidendi

Adjournment of bankruptcy petition requires credible evidence of ability to pay both petition debt and supporting creditors within a reasonable time. Debtor failed to provide such evidence; no realistic prospect of payment. Bankruptcy order must be made.

Court Disposition

Bankruptcy order made against Edward Wojakovski.

Orders

  • Bankruptcy order to be made against Edward Wojakovski upon handing down of judgment.