header-logo header-logo

​Cashing out a second time

03 February 2017 / Henry Hood
Issue: 7732 / Categories: Features , Family
printer mail-detail
nlj_7732_hood

Henry Hood discusses further developments in the interaction between bankruptcy & divorce cases

  • A claim under the Matrimonial Causes Act 1973 could never be property capable of vesting in a trustee in bankruptcy.

This article follows one which I wrote concerning the matter of Ian Robert (Trustee and Bankruptcy of Mr. Elichaoff deceased) v Sarah Jane Duncanson Woodall [2016] EWHC 538 (Ch), [2016] All ER (D) 233 (Mar) which was concerned with the interaction of the laws relating to bankruptcy and divorce (see “Cashing out”, NLJ, 10 June 2016, p 7).

As I then described, some of the applications made by the trustee in bankruptcy were positively surreal. This applied in particular to the trustee’s application that he should be allowed to pursue lump sum and property adjustment orders under ss 23 & 24 of the Matrimonial Causes Act 1973 (MCA 1973) against the bankrupt’s former wife. In reporting the dismissal of such an application (which is ludicrous at first blush, and does not improve on further consideration), I little

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—Arcangelo D’Apolito

Winckworth Sherwood—Arcangelo D’Apolito

Private wealth and tax offering boosted by dual qualified partner hire

Sackers—John Card

Sackers—John Card

Pensions firm announces hire in project management team

Myers & Co—Kerry Boyle

Myers & Co—Kerry Boyle

Staffordshire firm appoints head of commercial property

NEWS
NOTICE UNDER THE TRUSTEE ACT 1925 
HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)
NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll