This title is available as part of LexisLibraryFind out more or request a trial
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.
To view the full text, please log in.
To receive a FREE 14 day online trial to Insolvency Law Online click here.
"BPIR is an excellent series, of interest to both corporate and personal insolvency lawyers,...