3 Dec 2007
M H HERTZKE V ASB BANK LIMITED HC AK CIV 2007-404-004423
- Citation
- openlaw-5a37e6de_1f43_45d3_a80d_38da1d1c4fcd.pdf
- Court
- High Court
Debtor committed an act of bankruptcy by failing to comply with a bankruptcy notice based on an uncontested judgment; the alleged cross demand was not tenable (claim belonged to trustees, evidence did not show undervalue or entitlement, and trustees could not presently advance funds); there was no persuasive evidence debtor or trust could pay the debt; on balance of considerations the court exercised its discretion and adjudged the debtor bankrupt as just and equitable.