John Waiting

Call 2010

waiting@exchangechambers.co.uk

Photo of John Waiting

Insolvency

John has a broad practice, with a particular focus on commercial, property and insolvency matters. His insolvency practice includes:

  • Personal Bankruptcy including Bankruptcy Petitions and Applications to Set- Aside Statutory Demands
  • Public Examination of Bankrupts
  • Corporate Insolvency including Winding-up Petitions and Applications to Set- Aside Statutory Demands
  • Orders for Sale by the Trustee in Bankruptcy
  • Administration Applications and Applications for extension of an Administrator’s term of office
  • Applications for directions to office holders from the court
  • Advising officeholders generally

Insolvency

Successfully defended an application to set aside a statutory demand based upon the ground that the debtor had offered a security for the debt and this had been unreasonably refused by the creditor. This comprised a dispute as to the law as to whether this could be considered one of the “other grounds” for setting aside a statutory demand under r.10.5(5)(d) IR 2016.

Acted for the Secretary of State on Winding Up Petitions brought on public interest grounds, and obtained orders for the companies to be wound up. Also acts in disqualification proceedings.

Acted for receivers appointed over properties split into many leasehold titles, advising on the business rates liability and also appearing on the application to approve their remuneration.

Acted for liquidators in the appeal of a rejection of a proof.

Acted for administrators on an application for directions in relation to an account holding monies on trust for creditors.

Successfully acted for liquidators in a claim pursuant to s.234 IA 1986 for a block of flats to be conveyed to the liquidators by the director.

Acted for a Trustee in Bankruptcy in Order for Sale proceedings, where the wife of the bankrupt raised a defence based upon the equity of exoneration.

Successfully acted to annul a bankruptcy relying on section 282(a) of the Insolvency Act 1986.

Acted for a supervisor of a CVA which was challenged by a creditor.

Appeared on various contested bankruptcy and winding-up petitions.