A person who challenges a bankrupt’s trustee’s conduct under section 303 must show that the trustee is acting ‘in bad faith or so perversely that no trustee properly advised or properly instructing himself could so have acted, alternatively if he has acted fraudulently or in a manner so unreasonable and absurd that no reasonable trustee would have acted in that way’.
Judges:
Registrar Baister
Citations:
[1999] BPIR 251
Statutes:
Jurisdiction:
England and Wales
Cited by:
Followed – Supperstone v Hurst (No 3) 2006
. .
Followed – Shepherd v Official Receiver CA 7-Jun-2007
renewed application for permission to appeal . .
Cited – Law Society of England and Wales and others v Shah and others ChD 30-Nov-2007
Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 04 December 2022; Ref: scu.262983