The rights of a secured creditor against his security were held to be rights ‘outside the bankruptcy’. As to the case of Benzon: ‘The importance of that case and of the way in which the doctrine is stated in the judgment of the Court is that it makes it clear that it is only ‘in the bankruptcy’ that the statute ceases to operate. It does not have any effect on the operation of the statute on any rights or remedies which are unaffected by the bankruptcy.’
Buckley J
[1960] 1 WLR 1097
England and Wales
Citing:
Approved – In re Benzon CA 1914
Limitation applies where a claim is not against a bankrupt’s estate or is not a claim ‘in the bankruptcy’. . .
Cited by:
Cited – Doodes v Gotham, Perry ChD 17-Nov-2005
The trustee in bankruptcy had taken a charge on the property in 1992 to support the bankruptcy in 1988. He sought to enforce it in 2005. The chargor appealed an order which denied he was protected by limitation.
Held: The appeal succeeded. . .
Cited – Anglo-Manx Group Ltd v Aitken 2002
The court discussed the case of Cottrell v Price: ‘There was considerable argument before me as to what is meant by the words ‘in the bankruptcy’ as distinct from the words ‘outside the bankruptcy’. Mr Adair submitted that the question can be . .
These lists may be incomplete.
Updated: 18 July 2021; Ref: scu.235332