Q&As

X obtained a freezing injunction against D to secure a judgment sum. Subsequently D was declared bankrupt. D has had their bankruptcy discharged. Does X have to 'release' the freezing injunction or ease its restrictions if D asks them to now he is no longer bankrupt?

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Published on LexisPSL on 03/03/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • X obtained a freezing injunction against D to secure a judgment sum. Subsequently D was declared bankrupt. D has had their bankruptcy discharged. Does X have to 'release' the freezing injunction or ease its restrictions if D asks them to now he is no longer bankrupt?

X obtained a freezing injunction against D to secure a judgment sum. Subsequently D was declared bankrupt. D has had their bankruptcy discharged. Does X have to 'release' the freezing injunction or ease its restrictions if D asks them to now he is no longer bankrupt?

For the purposes of this Q&A, we have assumed that the judgment arises from an 'ordinary' unpaid debt and the defendant’s discharge was automatic on the expiry of one year from the bankruptcy under section 279 of the Insolvency Act 1986 (IA 1986).

From a practical perspective, much depends on the nature of the court judgment obtained by the creditor.

A freezing order is an equitable

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