||All England Reporter
|| All ER (D) 305 (Jul)
|| EWCA Civ 811
||Court of Appeal, Civil Division
Maurice Kay, Lloyd LJJ and Sir John Chadwick
||The applicants did not appear and were not represented.
||Marcus Flavin (instructed by Christopher Flood) for the respondent.
||29 July 2009
Charging order - Judgment debt - Bankruptcy petition - Judgment creditor obtaining interim charging order against judgment debtor before presentation of bankruptcy petition - Final charging order made after presentation of petition - Whether clear legislative policy that interest of judgment creditor should prevail over interests of unsecured creditors in having pari passu distribution of bankrupt's estate - s 3(5) - .
Charging order Judgment debt. Court of Appeal, Civil Division: The court ruled that the legislative policy underlying s346(1) of the was that a creditor who had issued execution against the land of a person who was adjudged bankrupt was not entitled, as against the trustee in bankruptcy, to retain the benefit of that execution unless the execution was completed before the commencement of the bankruptcy; that was to say, unless the execution was completed before the bankruptcy order was made.
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