Commentary

113 Hearing after unsuccessful application to set aside statutory demand

BANKRUPTCY AND INSOLVENCY (INDIVIDUAL INSOLVENCY) vol 3(2)
| Commentary

113 Hearing after unsuccessful application to set aside statutory demand

| Commentary

113 Hearing after unsuccessful application to set aside statutory demand

Whilst there are certain issues which can only be argued once a petition has been presented (eg the unreasonable refusal of an offer to secure or compound for the debt1), where an issue has been argued unsuccessfully in an application by the debtor to set aside the statutory demand, it is not, as a general rule, open to the debtor to argue the same issue at the hearing of the petition. The scheme of the Insolvency Act 1986 is intended to ensure that if the debtor wishes

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