Ruiz (a Bankrupt), Re

Ruiz (a Bankrupt), Re

The bankruptcy order was properly made as the husband was commercially insolvent at the time; no evidence of tactical bankruptcy or hidden assets; the wife's home rights do not permanently bar creditors; the threshold for annulment was not met; trustee's fees and expenses are recoverable; the district judge's financial order was correct and appeal is dismissed.

Parties
Applicant/appellant (wife): Grażyna Mekarska; Respondent (husband): Martin Ruiz; Respondent (trustee in Bankruptcy): Patrick Boyden
Jurisdiction
England and Wales
Judgment Date
09 May 2011
Procedural Posture
Family/bankruptcy / Judgment on Application for Annulment of Bankruptcy and Appeal Against Financial Order on Divorce
Outcome
Applications for annulment of bankruptcy and appeal against financial order dismissed.
Legal Topics
Bankruptcy Annulment, Financial Orders on Divorce, Trustee Remuneration, Home Rights, Freezing Orders, Occupation Orders
Family Law Insolvency Law Bankruptcy Annulment Financial Orders on Divorce Trustee Remuneration Home Rights Freezing Orders Occupation Orders

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Parties

Grażyna Mekarska

Applicant/appellant (wife)

Martin Ruiz

Respondent (husband)

Patrick Boyden

Respondent (trustee in Bankruptcy)

Procedural Posture

Family/bankruptcy / Judgment on Application for Annulment of Bankruptcy and Appeal Against Financial Order on Divorce

Legal Issues

  1. 1 Should the bankruptcy order be annulled?
  2. 2 Should the annulment be conditional upon payment of trustee's fees and expenses?
  3. 3 Should the appeal against the district judge's financial order be allowed?

Ratio Decidendi

The bankruptcy order was properly made as the husband was commercially insolvent at the time; no evidence of tactical bankruptcy or hidden assets; the wife's home rights do not permanently bar creditors; the threshold for annulment was not met; trustee's fees and expenses are recoverable; the district judge's financial order was correct and appeal is dismissed.

Court Disposition

Applications for annulment of bankruptcy and appeal against financial order dismissed.

Orders

  • Bankruptcy order stands; trustee entitled to fees and expenses; financial order on divorce upheld; no wasted costs order against trustee.