Booth v Mond

Booth v Mond

Arrears under the income payments agreement are a provable debt for the purposes of the IVA, the trustee in bankruptcy is a creditor entitled to participate in the IVA for voting and dividend purposes, and the arrears fall within the scope of the IVA.

Source-derived case information.

Parties
Applicant: Philip Booth; Respondent: David Emanuel Mond
Jurisdiction
England and Wales
Judgment Date
17 February 2010
Procedural Posture
Civil (insolvency) / Judgment on Application for Directions Under Section 263(4) Insolvency Act 1986
Outcome
Application allowed; trustee in bankruptcy entitled to be included in the IVA for voting and dividend purposes.
Legal Topics
Individual Voluntary Arrangement (iva), Income Payments Agreement, Provable Debts, Bankruptcy, Trustee in Bankruptcy
Insolvency Law Individual Voluntary Arrangement (iva) Income Payments Agreement Provable Debts Bankruptcy Trustee in Bankruptcy

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Parties

Philip Booth

Applicant

David Emanuel Mond

Respondent

Procedural Posture

Civil (insolvency) / Judgment on Application for Directions Under Section 263(4) Insolvency Act 1986

Legal Issues

  1. 1 Whether arrears under an income payments agreement constitute a provable debt in an IVA
  2. 2 Whether the trustee in bankruptcy is a creditor entitled to participate in the IVA
  3. 3 Whether the arrears can be compromised within the IVA

Ratio Decidendi

Arrears under the income payments agreement are a provable debt for the purposes of the IVA, the trustee in bankruptcy is a creditor entitled to participate in the IVA for voting and dividend purposes, and the arrears fall within the scope of the IVA.

Court Disposition

Application allowed; trustee in bankruptcy entitled to be included in the IVA for voting and dividend purposes.

Orders

  • Trustee in bankruptcy to be included within the IVA for voting and dividend purposes.