Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

01 MAY 2012

Peterkin v (1) London Borough of Merton and Another [2011] EWHC 376 (Ch); [2012] BPIR 388

(Chancery Division, Vos J, 16 November 2011)

H entered into an IVA, which bound the local authority, Merton, as a creditor. As a result of post-IVA litigation, H became further indebted to Merton, which obtained charging orders over a property in H's name. P, who claimed a beneficial interest in that property, appealed against the imposition of the final charging orders, arguing that such proceedings were prevented by the moratorium on proceedings imposed by the IVA. Vos J dismissed the application. Whilst Merton was bound by the IVA as a creditor, the IVA did not cover future debts. The moratorium only applied in respect of debts bound into the IVA.

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
Subscribe to our newsletters