Bankruptcy & Vesting of Causes of Action - Who Can Bring a Claim?

Introduction

It is well known that the making of a bankruptcy order vests the bankrupt's assets in their trustee, but the reality of the exceptions to this vesting rule can prove troublesome in practice.

The recent case of Shop Direct Finance Company Ltd v Official Receiver raised the issue of vesting of causes of action in bankruptcy (in this instance the right to bring PPI complaints).

This short webinar will focus on the rules regarding vesting, what causes of action (choses in action) vest in a trustee in bankruptcy, and which might remain vested in the bankrupt personally.

It is suitable for solicitors and legal professionals who advise trustees in bankruptcy and individual bankrupts.

What You Will Learn

This webinar will cover the following:

• Overview of the vesting rules
• What causes of actions vest in the trustee in bankruptcy?
• What causes of action remain with the bankrupt?
• What rights of appeal remain with a bankrupt, i.e., do appeals against statutory demand or petition hearings vest or remain?
• What a trustee in bankruptcy might do with a cause of action, and whether they should pursue a cause of action

This webinar was recorded on 1st September 2023