| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 77 (Jan) |
| Neutral Citation: | [2009] EWHC 9 (Ch) |
| Court: | Chancery Division |
| Judge: | Gabriel Moss QC sitting as a deputy judge of the High Court |
| Representation | The appellant appeared in person. |
| Jonathan Lewis (instructed by Arnold Fooks Chadwick and Speechly Bircham LLP) for the respondents. | |
| Judgment Dates: | 15 January 2009 |
Catchwords
Bankruptcy - Trustee in bankruptcy - Vesting of property in trustee - Bankruptcy petition presented against appellant - Appellant purporting to assign causes of action he owned to company - Bankruptcy order being made against appellant - Company returning rights to appellant - Whether appellant having after-acquired property - Whether property vesting in trustee - .
The Case
Bankruptcy Trustee in bankruptcy. Chancery Division: of the Insolvency Act 1986 rendered the purported assignment by the appellant of his creditor's rights to a company, between the filing of the bankruptcy petition and the making of the bankruptcy order, void. Accordingly, the appellant had no standing to pursue an appeal which related to those causes of action as they had passed to his trustee in bankruptcy.
Practice Areas
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