A bankrupt was suspected of disposing of his assets to avoid a confiscation order. The trustee in bankruptcy obtained an order for the bankrupt’s post to be diverted to her whilst he was in prison. She opened all post and copied it before forwarding it to the bankrupt. This included correspondence with his legal advisers. … Continue reading Foxley v United Kingdom: ECHR 20 Jun 2000
Sir Andrew Morritt V-C said that in the context of winding up proceedings the test for whether there is a genuine triable issue in a disputed claim, is whether the debt is bona fide disputed on substantial grounds, which, for practical purposes, is synonymous with ‘real as opposed to frivolous.’ Judges: Lord Justice Mance Vice-Chancellor, … Continue reading In re The Arena Corporation Limited; Commissioners for Customs and Excise v The Arena Corporation Limited; the Arena Corporation Limited v Schroeder: CA 25 Mar 2004
The collector of taxes distrained on the goods of the company under section 61 TMA 1970 for unpaid taxes and the company entered into a walking possession agreement. Before the collector had sold the goods, and completed the distress, the company entered into voluntary winding-up and a liquidator was appointed. There was a deficiency of … Continue reading Herbert Berry Associates Ltd v Inland Revenue Commissioners: ChD 1976
The court was asked: is it a sufficient ground for refusing to make an income payments order under section 310 of the Insolvency Act 1986 in respect of a bankrupt that sums received under any order will not (or are unlikely to) enable a distribution to be made to the bankrupt’s unsecured creditors? Judges: Newey … Continue reading The Official Receiver v Negus: ChD 16 Dec 2011
Warren J [2013] EWHC 2371 (Ch) Bailii Insolvency Act 1986 238 239 England and Wales Insolvency Updated: 19 November 2021; Ref: scu.514965
