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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

14 DEC 2010

Warwick (Formerly Yarwood) v Trustee in Bankruptcy of Clive Graham Yarwood [2010] EWHC 2272 (Ch); [2010] BPIR 1443

In ancillary relief proceedings, H and W agreed to the sale of their home and an enhanced sum to be paid to wife out of the proceeds of sale. The payment was made to W after the presentation of a bankruptcy petition against H. HHJ David Cooke (sitting as a Deputy High Court Judge) held that the distribution of the proceeds of sale was void as being a post¬petition disposition under s 284 of the Insolvency Act 1986, s 284, there having been no pre-petition agreement that could form the basis of a compromise of W’s ancillary relief claim, or could found a claim in constructive trust and/or proprietary estoppel.


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