Nakamura v Armstrong [2021] EWHC 654 (Ch) (24 March 2021)

Nakamura v Armstrong [2021] EWHC 654 (Ch) (24 March 2021)

The petition debt is undisputed and constitutes a liquidated sum. The debtor failed to provide credible evidence of a reasonable prospect of payment within a reasonable time. The views of supporting creditors overwhelmingly favoured an immediate bankruptcy order. The court refused a further adjournment and made a bankruptcy order.

Citation
[2021] EWHC 654 (Ch)
Parties
Petitioner: Anni Nakamura; Debtor: Glenn Anthony Armstrong
Jurisdiction
England and Wales
Judgment Date
24 March 2021
Procedural Posture
Bankruptcy Petition / Judgment on Petition and Application for Adjournment
Outcome
Bankruptcy order made against the debtor; application for adjournment refused.
Legal Topics
Bankruptcy Order, Adjournment of Petition, Creditor Rights, Conditional Payment Obligation, Guarantor Liability
Insolvency Bankruptcy Civil Procedure Bankruptcy Order Adjournment of Petition Creditor Rights Conditional Payment Obligation Guarantor Liability

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Parties

Anni Nakamura

Petitioner

Glenn Anthony Armstrong

Debtor

Procedural Posture

Bankruptcy Petition / Judgment on Petition and Application for Adjournment

Legal Issues

  1. 1 Whether the petition debt is for a liquidated sum under section 267(2) of the Insolvency Act 1986
  2. 2 Whether there is credible evidence of a reasonable prospect that the petition debt will be paid in full within a reasonable time to justify adjournment
  3. 3 Whether the court should exercise discretion to decline to make a bankruptcy order

Ratio Decidendi

The petition debt is undisputed and constitutes a liquidated sum. The debtor failed to provide credible evidence of a reasonable prospect of payment within a reasonable time. The views of supporting creditors overwhelmingly favoured an immediate bankruptcy order. The court refused a further adjournment and made a bankruptcy order.

Court Disposition

Bankruptcy order made against the debtor; application for adjournment refused.

Orders

  • Bankruptcy order made against Glenn Anthony Armstrong at 16:30 on 11 February 2021.
  • Application for further adjournment refused.