The bankrupt, while solvent had acquired a property which was first put in his own sole name, but then transferred to his wife outwardly ‘in consideration of love and affection’. Several years later, on the bankruptcy, the trustee sought to have the transaction set aside. The bankrupt, now discharged, said that in fact the original … Continue reading Stonham v Ramrattan and Another: CA 16 Feb 2011
Nothing in the 2003 changes to the 1986 Act operated so that a trustee in bankruptcy who sold an interest of the bankrupt for a deferred payment had not realised the interest. Accordingly, on the bankrupt’s release, that interest had been assigned out of the bankrupt’s estate and did not revert to him. Proudman J … Continue reading Lewis and Another v Metropolitan Property Realizations Ltd: ChD 21 Nov 2008
The bankrupts appealed against the refusal of a declaration that their home was now free of the claims of the defendants who had taken an assignment from the trustee in bankruptcy of the trustee’s interest in the house for a consideration of a share in any value on a sale. Held: The 1986 Act had … Continue reading Lewis and Another v Metropolitan Property Realisations Ltd: CA 12 Jun 2009
The court was asked whether or not the applicant trustees in bankruptcy of Mr. Tarlochan Singh (‘the bankrupt’) have lost all their rights under the provisions of s. 283A of the Insolvency Act 1986 (‘the Act’) to a particular property. The property was at the date of the bankruptcy registered in the bankrupt’s name. It … Continue reading Sands and Another v Singh and Others: ChD 1 Jun 2015