A third party agreed to pay the bankrupt’s debts. He applied for the bankruptcy to be annulled, and for the trustee’s costs to be assessed and fixed at a reasonable level under section 303. The trustee appealed the costs order saying that the bankrupt had not been prejudiced by his actions.
Held: The appeal was dismissed since the trustees costs had to be fixed in order to clear the action, and whether or not he had acted to prejudice the bankrupt. However the only statutory footing was section 363, and the order was amended accordingly.
Judges:
Ferris J
Citations:
Gazette 07-Jun-2002, [2002] EWHC 799 (Ch), [2002] BPIR 961
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Halabi v London Borough of Camden ChD 14-Feb-2008
Ms Halabi applied to annul her bankruptcy order, made for non payment of her rates. She applied within approximately 6 months of her adjudication. Her bankrupt estate was solvent but illiquid. She had not previously appreciated that she had . .
Cited – Brook v Reed CA 25-Mar-2011
The court was asked ‘What relation should the costs and remuneration bear to the circumstances, and in particular the size, of the bankruptcy?’ The bankrupt had considered that the costs first awarded to the trustee in bankruptcy and the trustee’s . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Costs
Updated: 30 June 2022; Ref: scu.346764