Bankruptcy: A rare exception

University of Greenwich | Family Law Journal | April 2022 #212
Mark Pawlowski examines the case law on applications for sale of the family home after one year of bankruptcy What emerges is a model premised on the principle that the interests of creditors will invariably prevail over family concerns unless there are compelling reasons for refusing (or deferring) sale which are absent from the ordinary …

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TOLATA 1996: Competing priorities

University of Greenwich | Family Law Journal | June 2019 #187
Mark Pawlowski examines the court’s discretionary power to order a sale of the family home at the suit of a secured creditor ‘The cases decided since the coming into force of TOLATA 1996 have continued to afford the interest of the creditor priority over the occupying spouse/partner, even in circumstances where the effect of the …

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