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Dooneen Ltd (T/A Mcginness Associates) and Anor v Mond: SC 31 Oct 2018

This appeal concerns a situation in which, after the debtor’s estate so far as known had been distributed in partial payment of his debts, and he and his trustee had received their discharges, additional property was discovered, of which his trustee had not previously been aware. There is no suggestion that it had been concealed, or that the debtor was even aware of its existence. The question raised in the appeal is whether the trustee (or former trustee, depending on the view one takes) is entitled to the property, and can distribute it among the creditors (or former creditors) in further payment of the debts (or former debts).

Judges:

Lord Reed, Deputy President

Lord Kerr

Lord Hodge

Lady Black, Lord Briggs

Citations:

[2018] UKSC 54

Links:

Bailii, Bailii Summary

Jurisdiction:

Scotland

Insolvency

Updated: 05 June 2022; Ref: scu.628163

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