In re Holliday: CA 1981

A property adjustment order cannot be made against a bankrupt former spouse because the property of the bankrupt vests in the trustee in bankruptcy against whom an order under section 24 cannot be made. It was highly unlikely that postponement of payment of the debts would cause any great hardship to any of the creditors.
Sir David Cairns, Buckley LJ
[1981] 1 Ch 405
Law of Property Act 1925 30
England and Wales
Cited by:

  • Cited – Harman v Glencross 1986
    On the divorce, the wife applied for a property transfer order in relation to the jointly owned matrimonial home. A creditor of her husband then obtained a charging order on H’s interest. She sought its varation. The creditor said that there was . .
    [1986] Fam 81, [1986] 2 FLR 241
  • Cited – Donohoe v Ingram ChD 20-Jan-2006
    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 . .
    [2006] EWHC 282 (Ch)

These lists may be incomplete.
Updated: 05 December 2020; Ref: scu.223620