Weissova, B. v The Official Trustee in Bankruptcy [1986] FCA 262

Weissova, B. v The Official Trustee in Bankruptcy [1986] FCA 262

The vesting of property in the bankrupt as a result of a transaction discharging various claims, without any contemporaneous apportionment attributing a specific sum to income, does not amount to the bankrupt being 'in receipt of income' for the purposes of s.131(1), and is thus divisible among creditors.

Source-derived case information.

Parties
Appellant: Bohumila Weissova; First Respondent: The Official Trustee in Bankruptcy; Second Respondent: Zdenek Weiss
Jurisdiction
Australia
Judgment Date
08 July 1986
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
After Acquired Property, Bankrupt's Income, Receipt of Income, Property Divisible Among Creditors
Bankruptcy After Acquired Property Bankrupt's Income Receipt of Income Property Divisible Among Creditors

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Parties

Bohumila Weissova

Appellant

The Official Trustee in Bankruptcy

First Respondent

Zdenek Weiss

Second Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether the beneficial interest in property acquired by the bankrupt after bankruptcy constitutes 'receipt of income' within Bankruptcy Act 1966 (Cth), s.131(1) and is protected from division among creditors.

Ratio Decidendi

The vesting of property in the bankrupt as a result of a transaction discharging various claims, without any contemporaneous apportionment attributing a specific sum to income, does not amount to the bankrupt being 'in receipt of income' for the purposes of s.131(1), and is thus divisible among creditors.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant and the second respondent pay the costs of the first respondent.