"[2010] BPIR 289Ailyan and Fry (Trustees in Bankruptcy of Kevin Foster) v Smith and Others [2010] EWHC 24 (Ch)
ChD, His Honour Judge David Cooke sitting as a High Court judge, 8 January 2010
- BANKRUPTCY - Transactions at undervalue - Whether debtor entered transaction - Whether at relevant time - Whether transaction at significant undervalue - Remedies
[2010] BPIR 316
Delaney v Chen and Another [2010] EWHC 6 (Ch)
ChD, His Honour Judge Purle QC sitting as a High Court judge, 8 January 2010
- TRANSACTIONAL AVOIDANCE - Transaction at an undervalue - Insolvency Act 1986, s 423
[2010] BPIR 325
Freeburn v Hunt
ChD, Mr Registrar Jaques, 20 May 2009 19 November 2009
- BANKRUPTCY - Remuneration of trustee in bankruptcy - Legal costs incurred by trustee in bankruptcy - Creditor's challenge to remuneration and costs - Insolvency Act 1986, s 303 - Insolvency Rules 1986, rr 6.138, 6.142
[2010] BPIR 344
GFN SA, Artag Meridian Ltd and Caribbean Energy Company v The Liquidators of Bancredit Cayman Ltd (In Official Liquidation) [2009] UKPC 39
PC, Lord Scott of Foscote, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Neuberger of Abbotsbury and Sir Jonathan Parker, 4 November 2009
- CAYMAN ISLANDS - Liquidation - Application to reverse liquidators' rejection of proof - Application to expunge admitted creditors' proofs - Nature of the applications - Whether court to consider liquidators' application for security for costs
[2010] BPIR 356
Lacontha Foundation v GBI Investments Ltd [2010] EWHC 37 (Ch)
ChD, Warren J, 15 January 2010
- PETITION - Winding up - Whether debt disputed on bona fide and substantial grounds - Whether winding-up order to be made even where debt disputed - Insolvency Act 1986, ss122(1)(e), (f), 123(2), 124(1)
[2010] BPIR 397
MFP Foundations & Piling Ltd v Shaw and Shaw [2010] EWHC 9 (Ch)
ChD, His Honour Judge Stephen Davies sitting as a High Court judge, 6 January 2010
- STATUTORY DEMAND - Application to set aside statutory demand - Construction adjudication - Judgment enforcing the adjudicator's decision - Cross-claim
[2010] BPIR 418
Michael, Re (A Bankrupt); Hellard v Michael and Fairview New Homes Farnborough Ltd[2009] EWHC 2414 (Ch)
ChD, Sales J, 16 July 2009
- BANKRUPTCY - Trustee in bankruptcy - Assets - Disposal of assets by bidding process - Whether bidding process fair to each bidder - Terms of revised bidding process - Circumstances in which the court will interfere with the trustee's commercial judgment - Extent and nature of court's supervisory justification over trustees in bankruptcy - Insolvency Act 1986, s 303(1), (2)
[2010] BPIR 430
Nottingham City Council v Pennant [2009] EWHC 2437 (Ch)
ChD, His Honour Judge Purle QC sitting as a High Court judge, 23 April 2009
- BANKRUPTCY PETITION - Petition adjourned to allow debtor to pay council tax arrears by instalments - Whether adjournment was appropriate.
- BANKRUPTCY PETITION - Petitioner refuses offer from debtor to repay debt by instalments - Whether rejection of offer was reasonable
[2010] BPIR 437
Parkinson Engineering Services plc (In Liquidation) v Swan and Yeldon [2009] EWCA Civ 1366
CA, Sedley, Lloyd and Sullivan LJJ, 21 December 2009
- ADMINISTRATORS OPERATING UNDER FORMER PART II OF INSOLVENCY ACT 1986 - Release - Ability of later liquidator to pursue proceedings for alleged misfeasance
- MISFEASANCE PROCEEDINGS - Proceedings against administrators originally commenced in name of company - Proceedings were flawed because administrators had secured release - Liquidator then sought leave to amend proceedings to be substituted as claimant - Whether substitution appropriate
[2010] BPIR 449
Rawnsley and Canal Dyeing Company Ltd (In Liquidation) v Weatherall Green & Smith North Ltd and Peter O'Hara (Liquidator of Canal Dyeing Company Ltd) [2009] EWHC 2482 (Ch)
ChD, His Honour Judge John Behrens, 30 September 2009
- LIQUIDATION - Negligence - Assignment of cause of action - Insolvency Act 1986, s 212
[2010] BPIR 464
Report on an Investigation into Complaint No 08 019 113 against The London Borough of Newham, 28 September 2009
- COUNCIL TAX ARREARS - Collection through bankruptcy proceedings - Bankrupt suffering from mental illness - Council aware of health of bankrupt - Maladministration
- LOCAL GOVERNMENT OMBUDSMAN - Maladministration - Council had already remedied complaint - Purpose of publishing investigation report in the light of this remedial action - Need to clarify issue of jurisdiction
[2010] BPIR 476
Report on an Investigation into Complaint No 07B10432 against Manchester City Council
JR White (Local Government Ombudsman), 22 September 2009
-BANKRUPTCY - Council tax - Maladministration
[2010] BPIR 496
Shah v Patel and Karia [2008] EWCA Civ 979
CA, Mummery, Jacob and Stanley Burnton LJJ, 15 August 2008
- COMPANY DIRECTOR - Public examination - Failure to provide information as required - Committal for contempt
[2010] BPIR 503
Webb v Macdonald QC and Dakers Green Brett [2010] EWHC 93 (Ch)
ChD, Vos J, 29 January 2010
- INDIVIDUAL VOLUNTARY ARRANGEMENT - Secured creditor - Approval of proposal - Effect of approval on secured creditor's rights - Whether secured creditor remained entitled to rely upon security - Whether agreeing claim for dividend purposes amounting to waiver of security - Insolvency Act 1986, s 258(4) - Insolvency Rules 1986, rr 6.115, 11.9
- GUARANTEE - Secured creditor - Individual guaranteeing debts of company - Company in liquidation - Whether claim under guarantee limited to sum owed by company at liquidation - Insolvency Rules 1986, r 4.93."
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