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In re a Debtor (No 32 SD 1991): ChD 1993

Judges: Millett J Citations: [1993] 1 WLR 314 Statutes: Insolvency Act 1986 375 Jurisdiction: England and Wales Cited by: Cited – Papanicola v Humphrys and Others ChD 14-Mar-2005 The bankrupt had continued to run his restaurant for a year, by having another company collect his receipts for him. The trustee had obtained a declaration that … Continue reading In re a Debtor (No 32 SD 1991): ChD 1993

Sands (As Trustee In Bankruptcy) v Layne and Another: CA 29 Nov 2016

The court was asked whether section 375 allowed a court to review, rescind or vary an order which was previously made by that court in exercise of its jurisdiction to hear an appeal from a lower court. Arden, Lewison, McCombe LJJ [2016] WLR(D) 632, [2016] EWCA Civ 1159 Bailii, WLRD Insolvency Act 1986 375(1) England … Continue reading Sands (As Trustee In Bankruptcy) v Layne and Another: CA 29 Nov 2016

Mirror Group Newspapers Plc v Maxwell and Others (No 2): ChD 15 Jul 1997

The Court reminded insolvency practitioners of fiduciary duties to creditors when refusing application for further payment on account of costs. Ferris J considered the principles applicable to fixing the remuneration of receivers of the estate of Robert Maxwell appointed by the court under section 37 of the 1981 Act. Their total recoveries before their remuneration … Continue reading Mirror Group Newspapers Plc v Maxwell and Others (No 2): ChD 15 Jul 1997

National Asset Loan Management Ltd v Cahillane: ChD 20 Jan 2015

Appeal by the petitioning creditor, National Asset Loan Management Limited (‘NALM’), against the orders of Chief Registrar Baister dated 23rd June 2014, adjourning NALM’s bankruptcy petition and making directions on an application dated 20th June 2014 by the debtor, Mr Cahillane, brought under s.375 of the Insolvency Act 1986 Kevin Prosser QC [2015] EWHC 62 … Continue reading National Asset Loan Management Ltd v Cahillane: ChD 20 Jan 2015

Bilta (UK) Ltd and Others v Nazir and Others: ChD 30 Jul 2012

The company was said to have engaged in a fraud based on false European Trading Scheme Allowances, and had been wound up by the Revenue. The liquidators, in the company name, now sought recovery from former directors and associates. Held: The court dismissed the application: ‘First, the fact that there is, in accordance with my … Continue reading Bilta (UK) Ltd and Others v Nazir and Others: ChD 30 Jul 2012