Limitation applies where a claim is not against a bankrupt’s estate or is not a claim ‘in the bankruptcy’.
Citations:
[1914] 2 Ch 68
Jurisdiction:
England and Wales
Cited by:
Approved – Cottrell v Price 1960
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 . .
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. . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Limitation
Updated: 07 May 2022; Ref: scu.235331