Bankruptcy: Out of bounds

Paris Smith LLP | December 2022/January 2023 #219
Heather Souter highlights the potential implications of bankruptcy in relation to transfers of property between spouses If a successful claim is brought by a trustee in bankruptcy, the court is able to make an order restoring the position to what it would have been and/or an order to protect the interests of persons who are …

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Occupation rent: A fair share

University of Greenwich | July/August 2022 #215
Mark Pawlowski examines the principles to be applied when a co-owner or their trustee in bankruptcy claims an occupation rent A co-owner in occupation is not obliged to pay occupation rent merely because they are living in the property and the other co-owner is not, and something more must be shown to make it just …

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Bankruptcy: A rare exception

University of Greenwich | 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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Probate: Pride and prejudice

Athena Law | December 2021 #229
Paul Willan outlines a case which shows the importance of executors understanding to whom they owe their obligations The problem was that the executors were confusing their obligations to the estate with their obligations to the discretionary beneficiaries. Practitioners will be aware that family arguments are often the most difficult of cases, whether the context …

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