Jonathan Edwards

Profile: Insolvency

Jonathan’s experience in insolvency disputes includes:

In court

• Resisting an application by a creditor to put a company into administration.
• Defending a mortgage possession claim on behalf of a trustee in bankruptcy, successfully relying on the statutory power to adjourn despite the expiry of the mortgage term.
• A contested winding-up petition in respect of a foreign company.
• Applications to begin and to end administration.
• Seeking a validation order during winding-up proceedings.
• Permission to re-use the trading name of a company in liquidation.

Outside court

• A claim by a trustee in bankruptcy where the bankrupt had previously sought to purchase a property through a company but the company had been dissolved by the time contracts were purportedly exchanged.
• The merits of claims by insolvency practitioners against the former directors of insolvent companies and of possible defences available to a guarantor of an insolvent company’s overdraft.
• The interpretation of section 284(4)(a) where a party against whom a petition has been presented pays off the debt of a third party prior to a bankruptcy order being made on that petition.