27 Jan 2012
THE OFFICIAL ASSIGNEE IN THE BANKRUPTCY OF BRYAN DAVID MAYERS V BRYAN DAVID MAYERS, VIVIENNE NANCY MAYERS AND CHARMAINE ANNE FIELD, AS TRUSTEES OF THE BRIAN AND VIVIENNE MAYERS FAMILY TRUST HC NEL CIV-2011-442-000461
- Citation
- openlaw-6b621e11_ebeb_4d60_b0dd_3f19be40971f.pdf
- Court
- Unknown Court
A release (forgiveness) of debt by deed does not constitute a transfer of property or an interest in property for the purposes of s 207 of the Insolvency Act 2006 because the creditor's chose in action is abrogated, not transferred to the debtor; therefore the Court lacked jurisdiction under s 207 to order retransfer or payment and the application must be dismissed.