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    Limited discretion on bankruptcy order
    2011-04-21

    The court has a limited discretion not to make a bankruptcy order where the debt is the subject of a statutory demand which has not been paid and is outstanding at the time of the bankruptcy petition hearing.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Customs, Debtor, Debt, Proportionality (law), HM Revenue and Customs (UK)
    Authors:
    Greg Standing , Ian Weatherall
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Cause of action against Courts Service
    2009-10-21

    Where the Courts Service failed to notify the Land Registry of a bankruptcy petition with the effect that property was disposed of without a pending action having been registered, the trustee in bankruptcy had a right to claim damages.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Gowling WLG, Bankruptcy, Breach of contract, Negligence, Right to a fair trial, Trustee
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    The trustee in bankruptcy of Richard Canty v Canty (2007)
    2007-05-25

    Although this case is about a trustee in bankruptcy’s fight to realise his interest in a property by virtue of a debtor’s bankruptcy, the facts (though extreme) are not untypical of a finance company’s position when a hirer refuses to return goods to it despite the fact the court has ordered the hirer to do so.

    In this case Mr Canty was made bankrupt in relation to a relatively small debt and he never accepted the position. There followed a number of appeals and challenges over the following years in which he attempted to reopen and relitigate earlier proceedings.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Debtor, Breach of contract, Waiver, Interest, Contempt of court, Best practice, Court of Appeal of Singapore
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Mental capacity
    2011-03-24

    In circumstances where a debtor lacks mental capacity to deal with a statutory demand and subsequent bankruptcy petition, the court will rescind or annul a bankruptcy order.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Debtor
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Personal insolvency related amendments to the BIA
    2009-10-02

    Summary of Some of the Key Personal Insolvency Related Amendments to the Bankruptcy and Insolvency Act INTRODUCTION

    Filed under:
    Canada, Insolvency & Restructuring, Gowling WLG, Bankruptcy, Debtor, Debt, Student loan, Bankruptcy and Insolvency Act 1985 (Canada), UK House of Commons
    Location:
    Canada
    Firm:
    Gowling WLG
    IVA thwarts claim to interest
    2007-05-23

    The claimant obtained a judgment against the defendant for breach of a guarantee. The defendant entered into an IVA with his creditors, which included his liability to the claimant. The defendant paid the judgment sum to the claimant, but not the interest awarded on it. The claimant contended that the award of interest was a post-IVA claim, and threatened to bankrupt the defendant which would lead to a termination of the IVA. The defendant applied for a stay of execution of the interest part of the judgment, on the ground that it was within the IVA.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Breach of contract, Threatened species, Interest, Debt, Capital punishment, Stay of execution
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    TUPE 1 Rescue Culture 0: you can't avoid TUPE with a pre pack
    2011-03-07

    The EAT's judgment

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Gowling WLG, Contractual term, Bankruptcy, Debt, Liquidation, Prejudice, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Transfers of Undertakings Directive (2001/23/EC), Employment Appeal Tribunal
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Commercial insolvency-related amendments to the BIA and the CCAA
    2009-09-17

    Summary of Some of the Key Commercial Insolvency Related Amendments to the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act

    INTRODUCTION

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Gowling WLG, Wage, Bankruptcy, Promulgation, Constitutional amendment, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), UK House of Commons
    Location:
    Canada
    Firm:
    Gowling WLG
    Mortgage extinguished by time
    2007-05-23

    The bank took a charge on the borrowers’ property. In January 1992, it demanded payment of the balance due under the secured facilities. In June 1992, it made a further formal demand specifically relying on the mortgage. One of the borrowers was subsequently made bankrupt. Periodically, the bank informed the borrowers that they continued to be liable and made demands for payment and referred to the mortgage.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Consent, Mortgage loan, Public limited company, Secured loan, Limitation Act 1980 (UK), NatWest
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Insolvency Service's policy on a bankrupt's principal residence
    2011-01-27

    The Insolvency Service has published its policy, which came into effect on 1 December 2010, on realising a bankrupt's principal residence where the Official Receiver (OR) is appointed as the trustee in bankruptcy.

    The policy provides that the OR will not take any steps to market the bankrupt's interest in the property for a period of two years and three months from the date of the bankruptcy order. However, the OR can accept any unsolicited offer in relation to the property if it is in the best interest of creditors. After the expiry of the two years and three months:

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Breach of contract, Interest, Payment protection insurance, Trustee
    Authors:
    Greg Standing , Ian Weatherall
    Location:
    United Kingdom
    Firm:
    Gowling WLG

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