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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

23 OCT 2012

Miller v (1) McFeely (2) McGuiness

(Chancery Division, Proudman J, 18 July 2012)

F, an Irish property developer, had been made bankrupt on his own petition in this jurisdiction. A secured creditor, M had successfully obtained an annulled and/or rescission as F had failed to disclose that there were parallel bankruptcy proceedings on foot in the Ireland. The order was to be effective pending determination of the issue of F's COMI. F's trustee in bankruptcy sought a review of the annulment/rescission order. Proudman J refused the application. F's non-disclosures had justified the annulment/rescission. While the trustee had been notifies of the annulment/rescission hearing, and had only decided to attend part way through. That did not amount to sufficient ground to invoke the court's wide discretion to review, vary or rescind any order pursuant to s 375 of the Insolvency Act 1986.

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