Raghav Trivedi Successful in Complex COMI Arguments in Bankruptcy Proceedings

Raghav Trivedi has successfully secured a bankruptcy order for a petitioning creditor against a debtor with a c.£4 million debt, despite significant jurisdictional challenges.

The debtor contended his Centre of Main Interests (COMI) was abroad, raising arguments about habitual residence. The counter-argument successfully demonstrated that the debtor’s COMI was in England and Wales, or alternatively, that the petitioning creditor met the jurisdictional criteria under Section 265 of the Insolvency Act 1986, by proving the debtor’s residence in England and Wales within the last three years.

This successful outcome for Raghav’s client followed five hearings, addressing technical arguments from the debtor concerning the statutory demand, the petition, and the debt itself. 

Raghav was instructed by Mike Lockton and Aadil Quereshi of Shoosmiths.