Mehers v Khilji [2023] EWHC 298 (Ch) (17 February 2023)

Mehers v Khilji [2023] EWHC 298 (Ch) (17 February 2023)

The Trustee was neither informed nor otherwise became aware that Ms Khilji had, at the date of her bankruptcy, an interest in the Property falling within s.283A(1) of the Insolvency Act 1986 any earlier than service on the Trustee of the Defence and Counterclaim dated 6 September 2019; thus, the Bankruptcy Application issued on 11 January 2022 was within time.

Citation
[2023] EWHC 298 (Ch)
Parties
Applicant: Amy Mehers; First Respondent: Scherzade Khilji; Second Respondent: David George Hartwell
Jurisdiction
England and Wales
Judgment Date
17 February 2023
Procedural Posture
Bankruptcy Application / Judgment
Outcome
Application granted; Trustee acted within time.
Legal Topics
Statutory Revesting, Beneficial Interest, Bankrupt's Home, Common Intention Constructive Trust
Insolvency Property Law Statutory Revesting Beneficial Interest Bankrupt's Home Common Intention Constructive Trust

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Parties

Amy Mehers

Applicant

Scherzade Khilji

First Respondent

David George Hartwell

Second Respondent

Procedural Posture

Bankruptcy Application / Judgment

Legal Issues

  1. 1 When does the three-year period under s.283A(2) of the Insolvency Act 1986 begin to run for revesting a bankrupt's interest in property?
  2. 2 What constitutes informing or becoming aware under s.283A(5) of the Insolvency Act 1986?
  3. 3 Does a beneficiary's interest in an unadministered estate or matrimonial home rights qualify as an interest under s.283A(1)?

Ratio Decidendi

The Trustee was neither informed nor otherwise became aware that Ms Khilji had, at the date of her bankruptcy, an interest in the Property falling within s.283A(1) of the Insolvency Act 1986 any earlier than service on the Trustee of the Defence and Counterclaim dated 6 September 2019; thus, the Bankruptcy Application issued on 11 January 2022 was within time.

Court Disposition

Application granted; Trustee acted within time.

Orders

  • Parties invited to agree an order giving effect to the judgment.