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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

26 MAY 2011

Child Maintenance and Enforcement Commission v Beesley and Whyman [2010] EWCA Civ 1344; [2011] BPIR 608

HHJ Pelling QC (sitting as a High Court Judge) had held that arrears of child maintenance were a bankruptcy debt, provable in bankruptcy, but not released by the debtor’s discharge from bankruptcy; see [2010] EWHC 485 (Ch), [2010] BPIR 552, [2010] 2 FLR 164. Thus the Commission was unfairly prejudiced to the extent that its arrears claim against the debtor was bound in to his individual voluntary arrangement, in common with all his other creditors.


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