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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

26 AUG 2013

Official Receiver v (1) Cooksey (2) Jones [2013] BPIR 526

(District Judge Stewart, 30 April 2012)

The trustee in bankruptcy obtained an order suspending C's discharge from bankruptcy on grounds of failure to co-operate. The trustee was to notify the court when C had co-operated, but failed to do so. C successfully applied for an order that his certificate of discharge be granted, but the Official Receiver applied to vary the order by the deletion of the grant of the certificate of discharge on the basis that the court had not properly considered the trustee's evidence that there were further matters to investigate. The district judge dismissed the application, but varied the date from which the discharge should take effect so as to preserve an income payments order that had been entered into in the interim.

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