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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

26 AUG 2013

Arif v Anwar [2013] EWHC 624 (Fam); [2013] BPIR 389

(Family Division, Norris J, 21 March 2013)

H was made bankrupt on his own petition shortly after W had presented a divorce petition. W applied to annul the bankruptcy but abandoned it after an unsuccessful appeal to the Court of Appeal (see Arif v Zar [2012] EWCA Civ 986; [2012] BPIR 948). That left the court having to determine the extent of H's property interests, in the face of adverse claims of H's son and also the extent of an alleged debt to a third party. Norris J gave directions for the determination of the extent of the son's beneficial interest in the property and the extent to which H had actually paid off the third party's debt to be determined as preliminary issues in the Family Division, as these issues had to be decided before W could demonstrate that there was a surplus in H's bankruptcy estate against which an ancillary relief order could be made.

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