Bankruptcy and Insolvency in UK Law

  • Re Citro (Domenico) (a Bankrupt); Re Citro (Carmine) (a Bankrupt)
    • Court of Appeal (Civil Division)
    • 23 May 1990
    ... ... FROM THE HIGH COURT OF JUSTICE CHANCERY DIVISION IN BANKRUPTCY (MR JUSTICE HOFFMANN) Royal Courts of Justice ... It should be stated at the outset that section 336 of the Insolvency Act 1986 has no application to either case ... 3 ... ...
  • Dear v Reeves
    • Court of Appeal (Civil Division)
    • 01 March 2001
    ... ... , on the true construction of sections 283 and 436 of the Insolvency Act 1986 Act (the 1986 Act), a right of pre-emption belonging to or vested in a bankrupt at the commencement of the bankruptcy is "property." If it is property, the right forms part of the bankrupt's ... ...
  • The Joint Administrators of LB Holdings Intermediate 2 Ltd ((in Administration)) and Others v Anthony Victor Lomas and Others
    • Court of Appeal (Civil Division)
    • 14 May 2015
    ... ... Paragraph 65 of schedule B1 to the Insolvency Act 1986 permits the administrator of a company to make distributions to ... On 15 September 2008, it commenced Chapter 11 bankruptcy proceedings in the United States Bankruptcy Court for the Southern ... ...
  • Rainy Sky SA and Others v Kookmin Bank
    • Supreme Court
    • 02 November 2011
    ... ... liability under this Bond shall not be affected by … (v) any insolvency, re-organisation or dissolution of the Builder, or (vi) any other matter ... for protection from its creditors, file a voluntary petition in bankruptcy or take advantage of any insolvency law, or any action shall be taken by ... ...
  • Places for People Homes Ltd v Sharples
    • Court of Appeal (Civil Division)
    • 15 July 2011
    ... ... two appeals raise common issues about the effect of a person's insolvency on the right of a landlord to obtain an order for possession of a dwelling ... 4 The central issue on the appeals is whether a bankruptcy order (as in the case of Ms Sharples) and a DRO (as in the case of Mr ... ...
  • Rubin and another v Eurofinance SA and Others
    • Court of Appeal (Civil Division)
    • 24 October 2012
    ... ... two questions for our determination: (1) should foreign bankruptcy proceedings, here Chapter 11 proceedings in the United States Bankruptcy ... in accordance with the UNCITRAL Model Law on Cross-Border Insolvency (“the Model Law”) as set out in schedule 1 to the Cross-Border ... ...
  • Johnson and Another v Davies and Another
    • Court of Appeal (Civil Division)
    • 18 March 1998
    ... ... an individual voluntary arrangement made under part VIII of the Insolvency Act 1986 by a co-obligee who was liable, jointly with the appellants, ... certificate, to consult creditors as to the presentation of a bankruptcy petition ... 4 The claim in this action is for repayment of the sums ... ...
  • Evans and another v Jones and another
    • Court of Appeal (Civil Division)
    • 07 July 2016
    ... ... a "preference" for the purposes of sections 239 to 241 of the Insolvency Act 1986. It is also clear that each of the payments was made within the ... number of swap agreements with Lehman Brothers which filed for bankruptcy protection in the USA. It had made claims in the liquidation of Lehman ... ...
  • Maclaine Watson & Company Ltd v International Tin Council
    • Court of Appeal (Civil Division)
    • 27 April 1988
    ... ... 18 In Re a Bankruptcy Notice [1907] 1 K.B. 479 this court had to decide whether an order was ... ...
  • Bishopsgate Investment Management Ltd v Maxwell; Cooper v Maxwell; Mirror Group Newspapers Plc v Maxwell
    • Court of Appeal (Civil Division)
    • 11 February 1993
    ... ... the provisional liquidators under sections 235 and 236 of the Insolvency Act 1986 ... 5 This question of law is one on which there has been ... prepared for us family trees of the relevant statutes in bankruptcy and company law before the 1986 Act ... 51 In bankruptcy we were ... ...
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