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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

22 MAY 2013

Smith v 1st Credit (Finance) Ltd and Another [2012] EWHC 2600 (Ch); [2013] BPIR 129

(Chancery Divison, Nicholas Strauss QC (sitting as a deputy High Court judge), 29 September 2012)

Halifax assigned a credit card debt to 1st Credit, which then obtained a bankruptcy order on it against the debtor. After the trustee in bankruptcy had sold the debtor's property, generating a surplus, the debtor applied for an annulment on the basis that the bankruptcy order ought not to have been made, which the district judge dismissed. Nicholas Strauss QC (sitting as a deputy High Court judge) dismissed the appeal. The petition had been validly served and adequate notice of the assignment had been given under s 82A of the Consumer Credit Act 1974. Even if that were wrong, it was still appropriate to exercise the discretion not to order the annulment.

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