Bankruptcy and family financial remedy proceedings

Practice notes

The 'three-year rule' in bankruptcy under section 283A of the Insolvency Act 1986

The 'three-year rule' in bankruptcy under section 283A of the Insolvency Act 1986The 'three-year rule' and why it appliesThe reforms introduced by the...

Produced in partnership with Amit Gupta of St Philips Chambers 15th Jul

Practice notes

Possession and sale applications in respect of a bankrupt's family home

Possession and sale applications in respect of a bankrupt's family homeWhen the bankrupt's estate vests in the trustee in bankruptcy (trustee)...

9th Jul

Practice notes

Factors which can give rise to the court not making an order for possession and sale of the family home—and the test it will apply

Factors which can give rise to the court not making an order for possession and sale of the family home—and the test it will applyThis Practice Note...

9th Jul

Practice notes

The impact of bankruptcy on divorce proceedings

The impact of bankruptcy on divorce proceedingsThe impact that bankruptcy and divorce proceedings have on one another has been subject to several...

8th Jul

Practice notes

Can the court annul a bankruptcy order obtained in order to defeat the divorce proceedings?

Can the court annul a bankruptcy order obtained in order to defeat the divorce proceedings?It is not uncommon for bankruptcy and divorce proceedings...

21st Jun

Q&As

Where there is a risk of bankruptcy, can the court make an interim order for sale in financial remedy proceedings?

Where there is a risk of bankruptcy, can the court make an interim order for sale in financial remedy proceedings?The court has no jurisdiction to...

5th Jun

Q&As

If a pension sharing order is made in divorce proceedings and the recipient of that order is bankrupt, will the bankrupt spouse receive the pension credit or will it be paid to the trustee in bankruptcy?

If a pension sharing order is made in divorce proceedings and the recipient of that order is bankrupt, will the bankrupt spouse receive the pension...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun

Q&As

Where a party is made bankrupt in the course of financial remedy proceedings, prior to a final order being made, and the only significant asset is a jointly-owned property, will the non-bankrupt spouse have any entitlement to the proceeds of sale?

Where a party is made bankrupt in the course of financial remedy proceedings, prior to a final order being made, and the only significant asset is a...

5th Jun

Q&As

Where all of the assets are in the sole name of one spouse, there are minor children in the family, and it is believed that the other spouse may be made bankrupt, will the trustee in bankruptcy be able to make a claim against those assets? Is the position different if the parties have only separated and not divorced?

Where all of the assets are in the sole name of one spouse, there are minor children in the family, and it is believed that the other spouse may be...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Practice notes

Dos and don'ts for family lawyers when dealing with bankruptcy

Dos and don'ts for family lawyers when dealing with bankruptcyFor family lawyers and divorcing parties, the impact of bankruptcy can have a dramatic...

5th Jun

Practice notes

The bankruptcy court's power to set aside financial orders made on divorce or dissolution of a civil partnership

The bankruptcy court's power to set aside financial orders made on divorce or dissolution of a civil partnershipThe general position of the bankruptcy...

5th Jun

Practice notes

Property that vests in the trustee in bankruptcy on bankruptcy and how the trustee in bankruptcy ascertains the extent of their interest in it

Property that vests in the trustee in bankruptcy on bankruptcy and how the trustee in bankruptcy ascertains the extent of their interest in itOne of...

5th Jun

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