Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
In what circumstances will a court discharge an individual’s discharge from bankruptcy, and what level of co-operation is a bankrupt expected to provide to his trustee inbankruptcy? Anna Metcalfe, barrister at St Philips Chambers, considers the appeal decision inKeely v Bell.
Keely v Bell  EWHC 308 (Ch),  All ER (D) 191 (Feb)
The Chancery Division dismissed the appellant's appeal against an order that his discharge from bankruptcy be suspended for 12 months. Even if one removed from consideration the failure to co-operate inthe provision of particular bank statements, a 12-month suspension was entirely appropriate looking at the appellant's breaches of obligation inthe round.
Mr Keely was made bankrupt on 4 July 2014 as a result of a number of costs orders made against him inunderlying probate proceedings.
The trustee inbankruptcy (trustee), Mr Bell, applied on 30 June 2015 to postpone Mr Keely’s discharge from bankruptcy pursuant to section 279 of the Insolvency Act 1986 (IA 1986) on the basis that Mr Keely had failed to comply with a number of the obligations imposed upon him. As a result, the administration of Mr Keely’s bankruptcy estate was far from completion. Mr Keely opposed the application on the basis that he had fully complied with his obligations.
Following an interim order postponing discharge until a substantive hearing, the matter was eventually heard on 16 October 2015 before District Judge Bever inthe County Court hearing centre at Manchester. The district judge found that Mr Keely had failed inhis obligations insix respects:
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
Stephen qualified as a solicitor in 2005 and joined the Restructuring and Insolvency team at Lexis®PSL in September 2014 from Shoosmiths LLP, where he was a senior associate in the restructuring and insolvency team.
Primarily focused on contentious and advisory corporate and personal insolvency work, Stephen’s experience includes acting for office-holders on a wide range of issues, including appointments, investigations and the recovery and realisation of assets (including antecedent transaction claims), and for creditors in respect of the impact on them of the insolvency of debtors and counterparties.
0330 161 1234