22 Mar 2010
CROWN MONEY CORPORATION LTD V HERTZKE AND ORS HC AK CIV-2007-404-4943
- Citation
- openlaw-2ea5b04d_b22f_4467_960f_c3623a00fbab.pdf
- Court
- High Court
Properties held by Mr and Mrs Hertzke in their capacities as trustees of the M3H3 Trust are not "the bankrupt's property" under s 104 of the Insolvency Act 2006; accordingly s 77 does not prevent Crown from continuing the execution process against those trust-held properties, subject to protective directions to preserve the mortgagee's position and to determine the amount secured by the mortgage at a subsequent hearing.