Facts
This case related to the leasehold ownership of hotel rooms. The applicants were the leaseholders of the hotel rooms and the respondent companies the lessors.
Facts
C’s appeal of his bankruptcy order failed. He then argued that pursuant to r 12.2(1) of the Insolvency Rules 1986 (‘IR 12.2’) as a matter of law the costs of the unsuccessful appeal should be treated as an expense of the bankruptcy estate; alternatively they were aprovable debt in the bankruptcy. D (the PC) contended that IR 7.51A gave the court an unfettered discretion as to the form of order and sought costs against C personally as a post-bankruptcy liability.
The Fourth Circuit recently affirmed a bankruptcy court’s dismissal of the plaintiffs’ Fair Debt Collection Practices Act (“FDCPA”) claims, holding that the defendant’s conduct—filing proofs of claim based on time-barred debts—does not violate the FDCPA. SeeIn re Dubois, 2016 WL4474156 (4th Cir. Aug. 25, 2016). In the case, each of the two plaintiffs filed for Chapter 13 bankruptcy, and the defendant filed proofs of claim in the plaintiffs’ cases.
This article was first published in Practical Law.
With the long-awaited decision of the Court of Appeal in Horton v Henry, the Looking Glass decision in Raithatha v Williamson is finally laid to rest.
1. Introduction
The Insolvency Rules 2016 (“the 2016 Rules”) were published and laid before parliament on 25 October 2016. The rules will come in to force on 6 April 2017. The following note summarises the key features of the rules. For further detail the reader is referred to the following sources:
The United States Court of Appeals for the Third Circuit recently reaffirmed that a foreclosure action commenced more than six years after the loan was accelerated could still be within the applicable statute of limitations. SeeIn re: Gordon Allen Washington; Gordon Allen Washington v. Bank of New York Mellon, As Tr. for the Certificate-Holders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-5, 2016 WL 5827439 (3d Cir. Sept. 30, 2016). In the case, the borrowed executed a mortgage and promissory note in February 2007.
Finally a decision on whether a bankrupt can be compelled to draw down a pension: The Court of Appeal has finally handed down its long-awaited judgment in Horton v Henry [2016] EWCA Civ. 989, the case determining whether a Trustee in Bankruptcy can compel a Bankrupt to draw down his pension even though the pension is not in payment because the Bankrupt has elected not to call it down.
The United States Court of Appeals for the Eighth Circuit recently held that a debt collector did not violate the Fair Debt Collection Practices Act (“FDCPA”) by filing a time-barred proof of claim in a bankruptcy proceeding. See Nelson v. Midland Credit Mgmt., Inc., 2016 WL 3672073 (8th Cir.
Original news
Goldcrest Distribution Limited v McCole and others [2016] EWHC 1571 (Ch)
What is the background to this case?
The claimant lender, C, sought possession of residential property owned jointly by D1 and his partner D2 (the property) pursuant to a purported legal charge entered into by both the D1 and D2 (the charge). The charge secured D1’s liability to C arising under a guarantee whereby D1 had guaranteed the indebtedness of his company, "Ascot" to C.
A version of this article was first published in The Law Society Gazette and Prime Resi.