Search Results for: Insolvency Act 1986 262

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Kapoor v National Westminster Bank Plc and Another: CA 5 Oct 2011

This appeal concerned two issues of principle relating to the approval of an individual voluntary arrangement. One was as to whether, where there has been an assignment of part of a debt, which can only take effect in equity, the person entitled to vote at the creditors’ meeting called to approve the IVA was the … Continue reading Kapoor v National Westminster Bank Plc and Another: CA 5 Oct 2011

Warley Continental Services Ltd (in liquidation) v Johal: ChD 7 Oct 2002

The liquidator sought to revoke or suspend the voluntary arrangement on the grounds of a material irregularity, but the application was lodged well outside the statutory 28 day limit, and he first sought leave to apply out of time. Held: The court had a discretion to extend the limit, and could take into account a … Continue reading Warley Continental Services Ltd (in liquidation) v Johal: ChD 7 Oct 2002

Inland Revenue Commissioners v Duce and Another: ChD 29 Dec 1998

Deliberate concealment of arrangements for sale of assets at an undervalue to associate justified revocation of a voluntary arrangement, but the court must look at the heinousness of the irregularity before deciding as to future conduct of arrangements. Citations: Times 29-Dec-1998 Statutes: Insolvency Act 1986 262(4)(b) Jurisdiction: England and Wales Insolvency Updated: 17 June 2022; … Continue reading Inland Revenue Commissioners v Duce and Another: ChD 29 Dec 1998

Sea Voyager Maritime Inc and Others v Bielecki trading as Hughes Hooker and Co: ChD 23 Oct 1998

The creditor alleged a right to recover against the estate citing an unfair prejudice from the IVA. Held: He had been unfairly prejudiced. The IVA precluded him, like all the other unsecured creditors, from suing the debtor for the full amount of his claim Where a claim in a debtor’s estate was in respect of … Continue reading Sea Voyager Maritime Inc and Others v Bielecki trading as Hughes Hooker and Co: ChD 23 Oct 1998

Re A Debtor (No.488 IO of 1996), JP v A Debtor: ChD 1999

The debtor had been ordered to pay his wife a sum by way of ancillary relief in matrimonial proceedings. He then proposed an IVA, which was approved at a creditors meeting. W had notice but did not attend. She along with all other creditors was to receive a part payment in full and final settlement. … Continue reading Re A Debtor (No.488 IO of 1996), JP v A Debtor: ChD 1999

Re A Debtor (No 87 of 1993): ChD 10 Jul 1995

Affidavits including hearsay were inadmissible on a challenge to voluntary arrangement. The proceedings were for a final order. Citations: Times 19-Jul-1995, Ind Summary 10-Jul-1995 Statutes: Insolvency Act 1986 262(1)(b) Jurisdiction: England and Wales Insolvency Updated: 11 May 2022; Ref: scu.85697

Roberts v Pinnacle Entertainment Limited: ChD 21 Oct 2003

This was an appeal against a revocation of an approval of an individual voluntray arrangement. The notice to creditors inviting them to attend the meeting had been in an outdated form. Held: The creditir had given suficient evidence of his debt to be allowed to vote at the meeting. The disallowance of the vote was … Continue reading Roberts v Pinnacle Entertainment Limited: ChD 21 Oct 2003

AA v JJ: KBD 29 Jul 2022

Application for a Norwich Pharmacal order against a financial institution or a financial services provider known, for the purpose of these proceedings as ‘MM’, relating to a claim that the applicant, known as ‘AA’, has against her former husband, known as ‘XY’. Judges: Mr Justice Sweeting Citations: [2022] EWHC 2627 (KB) Links: Bailii Statutes: Insolvency … Continue reading AA v JJ: KBD 29 Jul 2022

AB Agri Ltd v Curtis and Others: Misc 22 Jul 2016

(Leeds County Court) The creditor sought to have a proof admitted for pounds 479k, but the chair admitted it only for pounds 1.00, and the IVA proposal was accepted again the wishes of the creditor. The creditor said that the IP had misunderstood the claim and should have treated it as liquidated. The chair responded … Continue reading AB Agri Ltd v Curtis and Others: Misc 22 Jul 2016

Collier v P and M J Wright (Holdings) Ltd: CA 14 Dec 2007

Agreement for payment by joint debtor not contract The claimant appealed against refusal of an order to set aside a statutory demand. He said that he had compromised a claim by the creditors. He argued for an extension to the Rule in Pinnel’s case, so that where a debtor agrees to pay part of a … Continue reading Collier v P and M J Wright (Holdings) Ltd: CA 14 Dec 2007

Express Electrical Distributors Ltd v Beavis and Others: CA 19 Jul 2016

Sales LJ said: validation will ordinarily only be granted ‘if there is some special circumstance which shows that the disposition in question … has been … for the benefit of the general body of unsecured creditors’. Judges: Sir Terence Etherton Ch, Patten, Sales LJJ Citations: [2016] EWCA Civ 765 Links: Bailii Statutes: Insolvency Act 1986 … Continue reading Express Electrical Distributors Ltd v Beavis and Others: CA 19 Jul 2016

Contrarian Funds Llc v Lomas and Others: ChD 23 May 2014

The court considered the approach to be taken on applications for extensions of time to apply to challenge refusals of proof of debt in an insolvency, and how to test applications for relief from sanctions. Held: The 1986 Rules which provided for extensions to time given for compliance with the Rules were not limited in … Continue reading Contrarian Funds Llc v Lomas and Others: ChD 23 May 2014