The circumstances where a trustee in bankruptcy can recover a payment or a preference that is made by a bankrupt between the presentation of the bankruptcy petition and the making of the bankruptcy order differ surprisingly from those which pertain to a payment or preference that is made before the petition or which pertain to a payment or preference that is made by a company.

David Schmitz explores these differences as revealed in the recent case of Edwards (Trustee in Bankruptcy of Jagdev Singh Wasu) v Aurora Leasing Ltd. and Howard deWalden Estates Ltd. [2021] EWHC 96 (Ch) ICC Judge Prentis