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

Re Ruiz (A Bankrupt); Mekarska v (1) Ruiz (2) Boyden [2011] EWCA Civ 1646; [2012] BPIR 446

(Court of Appeal, Thorpe and Kitchen LJJ and Mann J, 2 December 2011)

Peter Jackson J had dismissed a wife's application to annul a bankruptcy order made against her husband on his own petition as well as an appeal against an ancillary relief order providing her with a lump sum equal to the surplus after the bankruptcy debt and costs had been paid (see [2011] EWHC 913 (Fam), [2011] BPIR 1139). The wife sought permission to appeal, asserting that that her matrimonial home rights of occupation and her ancillary relief requirements took priority over the bankruptcy. The Court of Appeal dismissed her appeal. Her rights of occupation had no such priority, and merely ensured that she could not be removed without a court order. Further, it was wrong in both law and practice to consider adjourning a bankruptcy petition pending determination of existing ancillary relief proceedings.

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