All your resources at your fingertips.Learn More
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.
To view the full text, please log in.
To receive a FREE 14 day online trial to Insolvency Law Online click here.
"This is the ultimate statement of where the law on IVAs is to be found in our great common law...