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Commentary

85 Future debts

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

85 Future debts

| Commentary

85 Future debts

Where the demand has been made on the basis of a future debt, the applicant may rely on the grounds provided by the Insolvency (England and Wales) Rules 20161 if applicable, but where the applicant’s case is that there is a reasonable prospect that he will be able to pay the debt when it falls due, he will rely on the residual discretion to set aside under the Rules2.

Compliance with a demand by a debtor in respect of a future debt means establishing to the creditor’s satisfaction that there is a reasonable prospect

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