"[2010] BPIR 535
Byers and Others (Liquidators of Madoff Securities International Ltd) v Yacht Bull Corporation and Others [2010] EWHC 133 (Ch)
ChD, Sir Andrew Morritt Chancellor of the High Court, 1 February 2010
- JURISDICTION - Council Regulation (EC) No 44/2001 (Judgments Regulation) - Scope of the insolvency exception
- JURISDICTION - Council Regulation (EC) No 1346/2000 on Insolvency Proceedings - Whether party was investment undertaking - Position of in rem claimants
- JURISDICTION - Council Regulation (EC) No 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (Service Regulation)
[2010] BPIR 552
Child Maintenance and Enforcement Commission v Beesley and Whyman [2010] EWHC 485 (Ch)
ChD, His Honour Judge Pelling QC sitting as a High Court judge, 11 March 2010
- INDIVIDUAL VOLUNTARY ARRANGEMENT - Debtor in arrears of child maintenance - Debtor proposing individual voluntary arrangement - Whether child maintenance arrears a bankruptcy debt - Whether government body responsible for collecting child maintenance arrears a creditor bound by the IVA
- INDIVIDUAL VOLUNTARY ARRANGEMENT - Non-provable bankruptcy debt not discharged by bankruptcy - Proposal providing for a part payment in full and final settlement of non-provable and non-discharged debt alongside other creditors - Whether approval of the proposal unfairly prejudicial
[2010] BPIR 561
Crossley-Cooke v Europanel (UK) Ltd [2010] EWHC 124 (Ch)
ChD, Roth J, 25 January 2010
- STATUTORY DEMANDS - Setting aside - Whether a genuine dispute requiring resolution before statutory demand could be used
[2010] BPIR 567
Everitt (Trustee in Bankruptcy) v Budhram and Budhram [2009] EWHC 1219 (Ch)
ChD, Henderson J, 20 May 2009
- BANKRUPTCY - Husband and wife each bankrupt - Matrimonial home - Realisation of the matrimonial home by trustee in bankruptcy - Statutory considerations - Whether needs of bankrupt and spouse limited to financial needs - Whether needs of bankrupt and spouse covering medical and mental conditions - Extent to which needs of bankrupt to be considered on application - Insolvency Act 1986, s 335A
- BANKRUPTCY - Matrimonial home - Meaning of exceptional circumstances - Whether circumstances in which bankruptcy order obtained relevant to consideration of exceptional circumstances - Insolvency Act 1986, s 335A
- BANKRUPTCY - Remuneration of trustee in bankruptcy - Expenses of trustee in bankruptcy - Whether court entitled to review remuneration and expenses in absence of challenge - Practice Statement relating to the Fixing and Approval of the Remuneration of Appointees
BANKRUPTCY - Matrimonial home - Order for possession and sale - Whether appropriate to impose charging order for trustee's remuneration and expenses - Insolvency Act 1986, s 335A
[2010] BPIR 585
Hall and Shivers v Van Der Heiden [2010] EWHC 537 (TCC)
QBD, Coulson J, 15 March 2010
- INDIVIDUAL VOLUNTARY ARRANGEMENT - Interim order - Interim order obtained one working day before trial of substantial dispute - Whether permission to be granted to continue with trial - Insolvency Act 1986, s 252
- INDIVIDUAL VOLUNTARY ARRANGEMENT - Interim order - Permission to continue proceedings - Whether High Court having jurisdiction when interim order made in the county court - Insolvency Act 1986, ss 252, 373, 385 - Insolvency Rules 1986, r 7.11
[2010] BPIR 591
Hooper (Trustee in Bankruptcy of Surjit Singh Chowdhary) v Duncan Lewis (Solicitors) Ltd and Others
ChD, Deputy Registrar Garwood, 12 March 2010
- BANKRUPTCY - Insolvency Act 1986, s 366 - Position of solicitors - Production of documents required
BANKRUPTCY - Insolvency Act 1986, s 366 - Examination of third parties
[2010] BPIR 602
A Block Transfer by Kaye and Morgan, Re; Re Paul Murphy and Others [2010] EWHC 692 (Ch)
ChD, His Honour Judge Pelling QC sitting as a High Court judge, 26 March 2010
- INDIVIDUAL VOLUNTARY ARRANGEMENTS - Clause capping supervisors' costs and expenses - Costs of application for block transfer order and bond for incoming supervisors causing cap to be exceeded - Whether court had power to vary the terms of the IVA - Whether costs cap could be exceeded - Insolvency Act 1986, s 263(4)
[2010] BPIR 608
Oxford Pharmaceuticals Ltd (In Liquidation), Re; Wilson and Another v Masters International Ltd and Another [2009] EWHC 1753 (Ch)
ChD, Mark Cawson QC sitting as a deputy High Court judge, 10 July 2009
- WINDING UP - Alleged preferences - Whether preference in fact - Connected persons - Whether presumption that payment was influenced by desire to prefer rebutted - Remedies
- DIRECTOR - Alleged misfeasance arising from payments found to constitute preferences
Winding up - Nullity of post-petition dispositions
- DIRECTOR - Whether misfeasance to cause company to dispose of assets after winding-up petition
[2010] BPIR 638
Pick (Trustee in Bankruptcy of Sumpter) v Sumpter and Another [2010] EWHC 685 (Ch)
ChD, His Honour Judge Purle QC sitting as a High Court Judge, 3 February 2010
- BANKRUPTCY - Family home - Sale and possession - Conditional order - Review
[2010] BPIR 646
Roseoak Investments Ltd and Another v Network Rail Infrastructure Ltd and Another [2009] EWHC 3769 (Ch)
ChD, His Honour Judge Purle QC sitting as a High Court judge, 4 December 2009
- STATUTORY DEMAND - Failing to set aside statutory demand - Separate proceedings by debtor relating to the same issues - Abuse of process
[2010] BPIR 652
Ross and Another v Commissioners for HM Revenue and Customs [2010] EWHC 13 (Ch)
ChD, Henderson J, 12 January 2010
- BANKRUPTCY - Appeal - Offer to secure - Terminal loss claim - Insolvency Act 1986, s 271 - Income Tax Act 2007, s 90
[2010] BPIR 679
Stanford International Bank Ltd (In Liquidation), Re; Janvey v Wastell and Hamilton-Smith; Serious Fraud Office v Wastell and Hamilton-Smith; Stanford International Bank Ltd v Director of The Serious Fraud Office and Others [2010] EWCA Civ 137
CA, Sir Andrew Morritt, the Chancellor of the High Court, Arden and Hughes LJJ, 25 February 2010
- CROSS-BORDER INSOLVENCY - Receiver appointed by Texan court - Liquidators appointed by Antiguan court - Whether either entitled to recognition in Great Britain under the Cross-Border Insolvency Regulations 2006 - Cross-Border Insolvency Regulations 2006, Arts 2(g), 2(i), 2(j), 16.3, 17
- CROSS-BORDER INSOLVENCY - Centre of main interests - Meaning of centre of main interests for purpose of the Cross-Border Insolvency Regulations 2006
[2010] BPIR 759
Tomlinson (Trustee in Bankruptcy of Smalley) v Bridging Finance Ltd and Another
Preston CC, District Judge Turner, 11 January 2010
- BANKRUPTCY - Property vesting in trustee in bankruptcy - Disposition by former bankrupt - Insolvency Act 1986, s 284 - Land Registration Act 2002, ss 23, 24 and 86
[2010] BPIR 775
Trustee in Bankruptcy of Louise St John Poulton v Ministry of Justice [2010] EWCA Civ 392
CA, Pill, Lloyd and Pitchford LJJ, 22 April 2010
- BANKRUPTCY - Presentation of bankruptcy petition - Failure of the court to notify Chief Land Registrar of petition - Whether statutory duty to notify - Whether common law duty to notify - Whether subsequent trustee in bankruptcy able to maintain a claim for breach of duty - Insolvency Act 1986, s 284 - Insolvency Rules 1986, r 6.13
[2010] BPIR 806
Weir v Area Estates Ltd
ChD, Robin Knowles CBE, QC sitting as a deputy judge of the Chancery Division, 18 December 2009
- BANKRUPTCY - Sale of land - Deposit - Lease - Surrender - Disclaimer - Notice - Insolvency Act 1986, s 284 - Land Registration Act 2002, s 86 - Law of Property Act 1925, s 198 - Land Charges Act 1972."
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