Rightsnet - debt case lawOther areas of law:2024-03-28T16:35:18ZCopyright (c) 2024, StuartExpressionEnginetag:rightsnet.org.uk,2024:03:28Court of Appeal rules that a High Court Enforcement Officer is the proper respondent in a dispute about the fees charged by an enforcement agent and a damages claim against themtag:rightsnet.org.uk,2024:item/18.576022024-01-12T13:59:00Z2024-01-12T14:05:36ZStuartstuart@rightsnet.org.ukCourt of Session rules that a creditor was not obliged to seek proof of delivery of a debt claim in order to comply with Rule 18.2 of the Simple Procedure Rulestag:rightsnet.org.uk,2023:item/18.572662023-11-22T08:10:00Z2023-11-22T11:35:42ZStuartstuart@rightsnet.org.ukCourt of Appeal confirms that discretion to annul a bankruptcy order under section 282 of Insolvency Act is a general discretion having regard to all circumstances of casetag:rightsnet.org.uk,2023:item/18.569512023-10-09T14:31:00Z2023-10-09T15:43:35ZDaphnedaphne@rightsnet.org.ukSupreme Court rules that bankrupt couple did not have standing to challenge transactions by trustees in bankruptcy where relief sought would have no impact on their position in bankruptcytag:rightsnet.org.uk,2023:item/18.565072023-08-10T11:28:00Z2023-08-10T14:22:00ZRosros@rightsnet.org.ukHigh Court refuses to extend injunction preventing debtor from seeking repeat mental health crisis moratorium ruling that creditor did not have ‘interest that merits protection’tag:rightsnet.org.uk,2023:item/18.555562023-04-12T08:30:00Z2023-07-11T15:30:52ZDaphnedaphne@rightsnet.org.ukHigh Court considers what it means for a bankrupt to inform their trustee in bankruptcy, or make them become aware, of an interest in a property within the meaning of section 283A of the Insolvency Actag:rightsnet.org.uk,2023:item/18.549922023-02-20T10:00:00Z2023-02-20T17:03:55ZStuartstuart@rightsnet.org.ukHigh Court cancels debtor’s mental health crisis moratorium and temporarily restrains her from seeking a further moratorium to allow creditor time to enforce judgment debttag:rightsnet.org.uk,2023:item/18.548432023-02-03T12:37:00Z2023-02-03T14:15:54ZStuartstuart@rightsnet.org.ukCourt of Appeal upholds decision refusing trustee in bankruptcy opportunity to argue justification of unlawful discrimination when case resumed in High Court following CJEU ruling on UK pension righttag:rightsnet.org.uk,2023:item/18.545302023-01-17T12:44:00Z2023-01-17T15:10:27ZStuartstuart@rightsnet.org.ukHigh Court dismisses creditor’s applications to cancel debtor’s mental health crisis moratorium and enforce outstanding ‘subrogated debt’ by evicting debtor from property at the centre of the disputetag:rightsnet.org.uk,2022:item/18.543582022-12-21T09:42:00Z2022-12-22T09:09:44ZStuartstuart@rightsnet.org.ukHigh Court holds that an enforcement agent is the correct respondent in a dispute about fees charged to a debtor rather than the authorised High Court Enforcement Officertag:rightsnet.org.uk,2022:item/18.542662022-12-09T08:45:00Z2022-12-12T09:40:28ZStuartstuart@rightsnet.org.ukHigh Court grants creditor’s application to take enforcement action in respect of a debt included in a mental health crisis moratoriumtag:rightsnet.org.uk,2022:item/18.540072022-11-07T11:15:00Z2022-11-07T16:13:43ZStuartstuart@rightsnet.org.ukCourt of Appeal rules that where a debt, having been incurred in fraud, persists beyond discharge of bankruptcy, then the debtor can be ordered to revoke ‘enhanced protection’ pension rightstag:rightsnet.org.uk,2022:item/18.539252022-10-26T12:36:00Z2023-07-11T08:26:37ZDaphnedaphne@rightsnet.org.ukHigh Court rejects debtor’s claim that bankruptcy petition should be dismissed as he is ‘able to pay his debts’, but agrees adjournment to give him time to realise assetstag:rightsnet.org.uk,2022:item/18.533962022-08-24T13:32:00Z2022-08-24T14:51:26ZStuartstuart@rightsnet.org.ukHigh Court dismisses trustee in bankruptcy’s claims that debtor had transferred joint legal title of matrimonial home into wife’s sole name to put his beneficial interest beyond the reach of creditorstag:rightsnet.org.uk,2022:item/18.533532022-08-17T10:56:00Z2022-08-17T13:03:41ZStuartstuart@rightsnet.org.ukHigh Court holds that it was ‘fair and reasonable in all the circumstances of the case’ for the Financial Ombudsman to take into account events more than six years before complaint was madetag:rightsnet.org.uk,2022:item/18.532522022-08-01T10:57:00Z2022-08-02T10:43:08Zshawn machshawn@rightsnet.org.uk