June 25, 2024
ARFAN KHAN LEADS IMPORTANT APPEAL CONCERNING WHETHER A BANKRUPTCY ORDER IS A NULLITY
Arfan Khan led Mr. Wojciech Nicholas Andrew Zalewski in an appeal, instructed by Ardens Solicitors.
The appeal was heard by Mr. Justice Zacaroli, who considered whether a bankruptcy order was a nullity under the Breathing Space Moratorium and Mental Health Crisis Moratorium England and Wales Regulations 2020 (the Regulations).
Mr. Justice Zacaroli (now Lord Justice Zacaroli) granted permission to appeal on a point of general public importance. However, he dismissed the appeal, holding that a bankruptcy order was not a nullity under the Regulations. In doing so, Mr Justice Zacaroli provided significant guidance on the scope and interpretation of the Regulations and section 282(1) of the Insolvency Act 1986.
The decision has far-reaching implications for debtors who have been presented with a bankruptcy petition but have been granted a statutory moratorium.
The judgment can be accessed through the following link.