
Individual Voluntary Arrangements
This content is unique to LexisNexis
Commentary
Issue 67 February 2025 Issue 67 includes the following: The case of Supperstone v Hurst [2005] EWHC 1309 (Ch), [2005] BPIR 1231, the debtor's wife's statement in her husband's IVA proposal that she was a 50% beneficial owner of a property was held against her in possession proceedings brought by her husband's trustee in bankruptcy, where she sought to claim that he had a greater than 50% beneficial share is discussed at A15[32].The case of Hyde (as Joint Trustee in Bankruptcy of James Stunt) v Stunt [2024] EWHC 630 (Ch),the court had to determine whether a painting was owned by the bankrupt or his father at A4[36]. The case of Short v Bank Of Ireland (UK) plc [2024] NICh 10, the issue was whether the debtor's liabilities to secured creditors were excluded from his post-bankruptcy IVA at A4[59].In the case of Hotel Portfolio II UK Ltd (in liquidation) v (1) Marlborough Developments Ltd (2) Ozturk 2 Recoveries Limited (3) Smith; Ozturk 2 Recoveries Ltd and other companies v Ruhan and another company [2024] EWHC 3075 (Comm), the court unravelled a series of transactions which had been entered into to prejudice the claimant's enforcement of its judgment for over 100 million against one of the defendants, R, and to move his assets out of the reach of the claimant.A22[8].