| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 57 (Apr) |
| Neutral Citation: | [2012] EWHC 909 (Ch) |
| Court: | Chancery Division |
| Judge: | Bernard Livesey QC sitting as a Deputy Judge of the Chancery Division |
| Representation | Christopher Brougham QC and David Eaton Turner (instructed by Spearing Waite LLP) for the trustee. |
| Alaric Watson (instructed by EMW Law LLP) for the respondent. | |
| Judgment Dates: | 4 April 2012 |
Catchwords
Pension - Bankruptcy - Bankrupt's estate - Vesting in trustee - Trustee in bankruptcy claiming income payments order in respect of pension not yet claimed by bankrupt respondent - Whether trustee being entitled to payment under pension scheme - Whether pension being 'income' of bankrupt - 310(7).
The Case
Pension Bankruptcy. On the proper interpretation of of the Insolvency Act 1986, a bankrupt had an entitlement to a payment under a pension scheme not merely where the scheme was in payment of benefit but also where, under the rules of the scheme, he would be entitled to payment merely by asking for payment.
Practice Areas
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