Nakamura v Armstrong

Nakamura v Armstrong

The debtor failed to provide credible evidence of a reasonable prospect that the petition debt would be paid in full within a reasonable time, and the petition debt was undisputed and for a liquidated sum. The court refused a further adjournment and made a bankruptcy order.

Parties
Petitioner: Anni Nakamura; Debtor: Glenn Anthony Armstrong
Jurisdiction
England and Wales
Judgment Date
24 March 2021
Procedural Posture
Bankruptcy Petition / Final Judgment
Outcome
bankruptcy order granted
Legal Topics
Bankruptcy Order, Adjournment Discretion, Conditional Payment Obligation, Creditor Class Remedy
Insolvency Bankruptcy Bankruptcy Order Adjournment Discretion Conditional Payment Obligation Creditor Class Remedy

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Parties

Anni Nakamura

Petitioner

Glenn Anthony Armstrong

Debtor

Procedural Posture

Bankruptcy Petition / Final Judgment

Legal Issues

  1. 1 Whether the petition debt is for a liquidated sum
  2. 2 Whether there is credible evidence of a reasonable prospect that the petition debt will be paid within a reasonable time
  3. 3 Whether the court should exercise its discretion to adjourn or decline to make a bankruptcy order

Ratio Decidendi

The debtor failed to provide credible evidence of a reasonable prospect that the petition debt would be paid in full within a reasonable time, and the petition debt was undisputed and for a liquidated sum. The court refused a further adjournment and made a bankruptcy order.

Court Disposition

bankruptcy order granted

Orders

  • Bankruptcy order made against Glenn Anthony Armstrong at 16.30 on 11 February 2021.
  • Debtor's application for further adjournment refused.