Amy Mehers (Trustee in Bankruptcy of Scherzade Khilji) v Scherzade Khilji & Anor

Amy Mehers (Trustee in Bankruptcy of Scherzade Khilji) v Scherzade Khilji & Anor

The Trustee or Official Receiver was not informed nor became aware of Ms Khilji’s interest in the Property within the meaning of s.283A(1) any earlier than 6 September 2019, when the Defence and Counterclaim was served. Therefore, the Bankruptcy Application issued on 11 January 2022 was within the statutory time limit.

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 under s.283A(2) of the Insolvency Act 1986.
Legal Topics
Statutory Revesting, Bankrupt's Home, Beneficial Interest, Common Intention Constructive Trust, Time Limits Under Insolvency Act
Insolvency Trusts and Estates Statutory Revesting Bankrupt's Home Beneficial Interest Common Intention Constructive Trust Time Limits Under Insolvency Act

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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 an interest under intestacy or matrimonial home rights qualify as an interest under s.283A(1)?

Ratio Decidendi

The Trustee or Official Receiver was not informed nor became aware of Ms Khilji’s interest in the Property within the meaning of s.283A(1) any earlier than 6 September 2019, when the Defence and Counterclaim was served. Therefore, the Bankruptcy Application issued on 11 January 2022 was within the statutory time limit.

Court Disposition

Application granted; Trustee acted within time under s.283A(2) of the Insolvency Act 1986.

Orders

  • Time under s.283A(2) began no earlier than 6 September 2019.
  • Bankruptcy Application issued on 11 January 2022 was within time.