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Generation UK v SL Dower

Citation[2011] EWHC 3547 (Ch)

Michael Wheater appeared for the successful appellant before His Honour Judge Purle QC in an appeal that concerned the scope and the correct exercise of the Court’s discretion to adjourn bankruptcy petitions in circumstances in which there is a reasonable prospect of the petition debt being paid in full within a reasonable period of time (further to the principle set out in Re Gilmartin (A Bankrupt) [1989] 1 WLR 513 and Harrison v Seggar [2005] BPIR 583).

HHJ Purle found the Court below had erred in principle in granting an adjournment to enable the debtor to trade over the Christmas period with the hope that a realistic proposal to clear her debt, reasonably quickly after that, would emerge.