Costs where two competing petitions
2 min read
Two bankruptcy petitions had been presented against Mr Maud by two creditors (“L” and “E”). Each creditor had supported the other’s petition. It was highly unusual for there to be two bankruptcy petitions pursued simultaneously. A bankruptcy petition is a class remedy, and the legislation, rules and practice assume that there should only be one petition against a debtor at any one time. E had continued to pursue its second petition at times when L's entitlement and ability to pursue its earlier petition was in doubt.