Kingston upon Thames and the bankruptcy jurisdiction in the early 20th century

25 MAY 2009

The case of Ex parte the Official Receiver v The Official Assignee of Bombay, In Re Temple [1947] Ch. 345, is of interest to Kingstonians and insolvency scholars with an interest in early comparative issues. Here is a flavour of the facts:

"The debtor Lieutenant-Colonel R. D. Temple was adjudicated bankrupt on March 2, 1927, in Kingston county court. He had not obtained his discharge in that bankruptcy and his creditors in this country were still unsatisfied. On August 25, 1942, he was adjudicated insolvent in the High Court of Justice, Bombay, the respondent, the Official Assignee of Bombay, being appointed his trustee in that insolvency. On November 20, 1945, the bankrupt was discharged from the Indian insolvency.

On September 10, 1943, the bankrupt's mother died and he became entitled under her will to certain chattels and shares. In 1944 the net proceeds of sale of these assets, amounting to 1,969l. 15s. 1d., were paid by her executors to the appellant, the Official Receiver, as the trustee in bankruptcy under the English bankruptcy. He applied to the Kingston county court for directions as to how he should deal with this sum, asking (inter alia) whether it was divisible amongst the English creditors, or was to be transferred to the respondent, the Official Assignee of Bombay. The learned county court judge held that it was payable to the respondent. The Official Receiver appealed."

Bankruptcy and Personal Insolvency Reports

Bankruptcy and Personal Insolvency Reports

"BPIR is an excellent series, of interest to both corporate and personal insolvency lawyers,...

More Info from £166.00
Available in Insolvency Law Online
Individual Voluntary Arrangements

Individual Voluntary Arrangements

"This is the ultimate statement of where the law on IVAs is to be found in our great common law...

Available in Insolvency Law Online