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(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  EWHC 913 (Fam),  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.
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