Peterkin v LB Merton


Reference:
[2012] BPIR 388, [2011] EWHC 376 (Ch)

Date:
16th November 2011

Court:
Chancery Division

Facts:

The Appellant, the husband of a bankrupt, sought to challenge an order for possession granted against a property in the name of his wife on the grounds that the creditor ought not to have been permitted to take any enforcement action against the property under the terms of an IVA which pre-dated accrual of the debt.

 


Judge:
Vos J

Comment:

Caley acted for the Respondent trustee-in-bankruptcy. The Court considered the scope of an IVA and in particular its effect on future debts, concluding that the Appellant’s argument was untenable.


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