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Commentary

234.1 Debts arising in family proceedings

BANKRUPTCY AND INSOLVENCY (INDIVIDUAL INSOLVENCY) vol 3(2)
| Commentary

234.1 Debts arising in family proceedings

| Commentary

234 Not provable

234.1 Debts arising in family proceedings

The most significant of the exceptions arising in family proceedings is that neither:

  1. 234.1.1

        an obligation (other than an obligation to pay a lump sum or to pay costs) arising under an order made in family proceedings, or

  2. 234.1.2

        an obligation arising under a maintenance assessment made under the Child Support Act 1991

are provable debts1. ‘Family proceedings’ means proceedings as defined by the Matrimonial and Family Proceedings Act 19842. It follows that, as a general rule, the courts are reluctant to make a bankruptcy order on a petition founded purely on a

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