The court was asked whether a trust in favour of creditors constituted by an individual voluntary arrangement (IVA) survives the issue of a certificate of completion of the IVA, so that property of the debtor, that was subject to the trust but was discovered only after the issue of the certificate, remains subject to the trust once it is discovered. Resolution of this issue turns on the proper construction of the terms of the IVA, in the context of its factual background, the relevant statutory regime and applicable legal principles.
Judges:
David Richards, Irwin LJJ
Citations:
[2017] EWCA Civ 111
Links:
Jurisdiction:
England and Wales
Insolvency
Updated: 06 February 2022; Ref: scu.578204