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17 NOV 2005

BANKRUPTCY/PROPERTY: Doodes v Gotham and another [2005] EWHC 2576 (Ch)

(Chancery Division; Lindsay J; 17 November 2005) [2006] BPIR 36, [2006] FLR (forthcoming)

Following the bankruptcy, the trustee allowed the bankrupt and his family to remain in the matrimonial home, taking a charge over the family home. When the trustee sought to enforce the charge over 10 years later, the bankrupt argued that the enforcement was time-barred.

There were strong technical arguments in favour of time-barring the enforcement. Reluctantly, given the strong social reasons for encouraging trustees to postpone sale of matrimonial homes, as had been done here, the trustees application for sale of the property was dismissed as time-barred.

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