Lebanese Swiss Bank SAL v Abela [2021] EWHC 3709 (Ch) (08 December 2021)

Lebanese Swiss Bank SAL v Abela [2021] EWHC 3709 (Ch) (08 December 2021)

There was no credible evidence before the Court that Mr Abela could discharge the petition debt within a reasonable period; assertions of asset sale and loan were unsupported by documentation. The petition debt remained due and owing. The statutory requirements were met and the bankruptcy order was made.

Source-derived case information.

Citation
[2021] EWHC 3709 (Ch)
Parties
Petitioner: Lebanese Swiss Bank S. A. L.; Debtor: Marlon Ralph Pietro Abela
Jurisdiction
England and Wales
Judgment Date
08 December 2021
Procedural Posture
Bankruptcy Petition / Final Hearing and Disposition
Outcome
bankruptcy order made against Marlon Ralph Pietro Abela
Legal Topics
Bankruptcy Order, Relief From Sanctions, Adjournment of Petition, Statutory Demand, Evidence of Ability to Pay Debt
Insolvency Bankruptcy Bankruptcy Order Relief From Sanctions Adjournment of Petition Statutory Demand Evidence of Ability to Pay Debt

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Parties

Lebanese Swiss Bank S. A. L.

Petitioner

Marlon Ralph Pietro Abela

Debtor

Procedural Posture

Bankruptcy Petition / Final Hearing and Disposition

Legal Issues

  1. 1 Whether to grant relief from sanctions for late evidence submission
  2. 2 Whether to adjourn the bankruptcy petition to allow debtor further time to pay
  3. 3 Whether there is credible evidence that the petition debt will be paid within a reasonable time

Ratio Decidendi

There was no credible evidence before the Court that Mr Abela could discharge the petition debt within a reasonable period; assertions of asset sale and loan were unsupported by documentation. The petition debt remained due and owing. The statutory requirements were met and the bankruptcy order was made.

Court Disposition

bankruptcy order made against Marlon Ralph Pietro Abela

Orders

  • Bankruptcy order against Marlon Ralph Pietro Abela as of 8 December 2021 at 10.52 am
  • Petitioner's advocate to file a draft minute of order for approval