| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 288 (Oct) |
| Court: | Chancery Division |
| Judge: | Michael Crystal QC sitting as a deputy judge of the High Court |
| Representation | The applicant appeared in person. |
| Adam McCaw of Leathes Prior, Norwich for the trustee in bankruptcy. | |
| Judgment Dates: | 25 October 2006 |
Catchwords
Insolvency - Bankrupt's estate - Vesting in trustee - Duty of trustee to realise assets - Appeal against order for delivery up of documents of title relating to bankrupt's farm and surrounding land - Whether order correctly made.
The Case
The court dismissed the bankrupt's appeal against an order for the delivery up of documents of title to his farm and surrounding land to his trustee in bankruptcy. The trustee was under statutory duties to take steps to realise the bankrupt's assets, which he had done against a backdrop of sympathy for the bankrupt's plight despite his lack of cooperation. It had been entirely reasonable for the trustee to apply for an order requiring the delivery up of the documents of title and the order granted was entirely appropriate in all the circumstances.
Practice Areas
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