Re Bailey (A Bankrupt) (No. 25 of 1975)
| Jurisdiction | England & Wales |
| Year | 1977 |
| Date | 1977 |
| Court | Divisional Court |
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10 cases
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Re Citro (Domenico) (a Bankrupt); Re Citro (Carmine) (a Bankrupt)
...Burke [197A] 1 W.L.R. 1063, thought that that had only an indirect bearing on the matter; see p. 1531G. 21 In Re Bailey (A Bankrupt) [1977] 1 W.L.R. 278 the parties had been divorced in 1974 and the husband became bankrupt in 1975. On an application by the husband's trustee in bankruptcy, t......
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Harman v Glencross and Another
...period. 63 However, the decision in Re Holliday (supra) was very much against the run of the recent authorities—see, e.g., Re Bailey (1977) 1.W.L.R. 278; Re Lowrie (1981) 3 All ER. 353, in both of which an order for the immediate sale of the jointly-owned matrimonial home was made at the su......
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Rayney v Spencer
...... the moneys secured by the charge have been repaid or are no longer required by any regulations made under section 77 to ... by the judgment creditor making the husband bankrupt. (4) Once the charging order absolute has been made, it ... is unable to maintain his wife and family (see Re Bailey at p 284 per Walton J). A sale will usually therefore but ......
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Re Holliday (A Bankrupt)ex parte Trustee of the Property of the Bankrupt v Holliday
...mentioned earlier in his judgment - "I held that the trustee must prevail as did the Divisional Court in the case of re Bailey (1977) 1 Weekly Law Reports, 278. Nevertheless there is a discretion, and I would hear argument according to these principles on the question whose voice in the cir......
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2 books & journal articles
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The Changing Face of Trusts: The Trusts of Land and Appointment of Trustees Act 1996
...force, under an express powercontained in the settlement, that land will become part of the settlement. Any36 [1980] 1 WLR 1327 CA.37 [1977] 1 WLR 278.38 See Re Citro [1991] Ch 142.39 Law Com No 181, n 4 above para 12.9.January 1998] Trusts of Land Act 1996The Modern Law Review Limited 1998......
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The Meaning of Home: A Chimerical Concept or a Legal Challenge?
...to prevail over those of occupiers in the family home, because ‘one must be justbefore one is generous.’ See, also, Re Bailey [1977] 1 W.L.R. 278, at 284, per Walton J.38 J. Rapoport, ‘A Critical Look at the Concept ‘Home’’ in Benjamin, op. cit. n. 1,p. 29.39 id.40 Hayward, op. cit., n. 21.......