The trustee in bankruptcy appealed against rejection of his claim for the sale of the home in which the bankrupts each held a one half share. The bankruptcies arose from non payment of council tax. The principle sums had been repaid, and the outstanding matters were the trustee’s costs. The bankrupts had not co-operated, and … Continue reading Everitt v Budhram and Another: ChD 20 May 2009
The appellant had lived with the bankrupt for several years, and sought an order delayng sale of the house they had lived in until their children had grown up. She said the circumstances were exceptional. Held: The fact that the delay might put at risk the payment of the creditors in full and with interest … Continue reading Donohoe v Ingram: ChD 20 Jan 2006
Citations: [2001] EWCA Civ 387, [2001] BPIR 612, [2001] Fam Law 879 Links: Bailii Statutes: Insolvency Act 1986 335A Jurisdiction: England and Wales Insolvency Updated: 27 June 2022; Ref: scu.218057
Second application for permission to appeal. Citations: [2002] EWCA Civ 969 Links: Bailii Statutes: Insolvency Act 1986 335A Jurisdiction: England and Wales Land, Insolvency Updated: 27 June 2022; Ref: scu.217326
The bankrupt had been discharged from his bankruptcy, but his share in the family home remained vested in the trustee who applied for the sale of the home. His wife applied to set aside an order for sale on the basis that it interfered with her right to family life. Held: Previous decisions had not … Continue reading Nicholls v Lan and Another: ChD 26 May 2006
What is required of the court in applying section 335A(3) is, in effect, a value judgment. The court must look at all the circumstances and conclude whether or not they are exceptional. That process, he considered, left ‘very little scope for the interference by an appellate court’. The court here found a reason to suspend … Continue reading Claughton v Charalambous: 1998