Applications for Annulment of Bankruptcy - Case Law Roundup

Introduction

Applications for annulment are a regular feature in the practice of anyone involved in personal bankruptcy, both in the context of challenges to the making of the bankruptcy order and instances where the bankrupt has been able to secure payment of all bankruptcy debts and expenses.

The last year has seen three significant cases in the context of annulments, which will have an impact on annulments moving forward.

This webinar will provide an update on recent case law, the facts and decisions in each case, and the impact on future annulment applications.

What You Will Learn

This webinar will cover the following:

• Khan v Singh-Sall & Habib Bank:
• What is the ambit of the Court's discretion not to annul where the conditions of s.282(1)(a) are proven?
• What is the current position on annulment and limitation of causes of action?
• Re Dusoruth:
• Can a bankruptcy order be founded upon a debt claimed in restitution?
• If so, what discretion might the Court have to annul?
• Re Radeva - what are the cost implications where a creditor applies for annulment based on a COMI argument?

This webinar was recorded on 13th December 2023