THE ACCOUNTANT IN BANKRUPTCY AGAINST (FIRST) GRAEME ALLAN (SECOND) ANNA RAGNARSSON [2022] SC DUN 17 (14 June 2022)

THE ACCOUNTANT IN BANKRUPTCY AGAINST (FIRST) GRAEME ALLAN (SECOND) ANNA RAGNARSSON [2022] SC DUN 17 (14 June 2022)

No relevant defence was pled; the 2017 Disposition was a gratuitous alienation as no consideration was given or received by the First Defender for the transfer to the Second Defender; the transaction reduced the value of the sequestrated estate to the detriment of creditors; the statutory requirements for reduction under section 98(5) of the Bankruptcy (Scotland) Act 2016 were met.

Citation
[2022] SC DUN 17
Parties
Pursuer: The Accountant in Bankruptcy; First Defender: Graeme Allan; Second Defender: Anna Ragnarsson
Jurisdiction
Scotland
Judgment Date
14 June 2022
Procedural Posture
Civil / Judgment After Debate
Outcome
Decree granted for reduction of the 2017 Disposition and for transfer of title to the Pursuer; expenses follow success.
Legal Topics
Gratuitous Alienation, Sequestration, Adequate Consideration, Reduction of Disposition, Trustee in Bankruptcy Powers
Insolvency Family Law Property Law Gratuitous Alienation Sequestration Adequate Consideration Reduction of Disposition Trustee in Bankruptcy Powers

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Parties

The Accountant in Bankruptcy

Pursuer

Graeme Allan

First Defender

Anna Ragnarsson

Second Defender

Procedural Posture

Civil / Judgment After Debate

Legal Issues

  1. 1 Whether the 2017 Disposition was a gratuitous alienation under section 98 of the Bankruptcy (Scotland) Act 2016
  2. 2 Whether adequate consideration was given for the transfer to the Second Defender
  3. 3 Whether the orders sought by the Pursuer are appropriate redress

Ratio Decidendi

No relevant defence was pled; the 2017 Disposition was a gratuitous alienation as no consideration was given or received by the First Defender for the transfer to the Second Defender; the transaction reduced the value of the sequestrated estate to the detriment of creditors; the statutory requirements for reduction under section 98(5) of the Bankruptcy (Scotland) Act 2016 were met.

Court Disposition

Decree granted for reduction of the 2017 Disposition and for transfer of title to the Pursuer; expenses follow success.

Orders

  • The 2017 Disposition is reduced.
  • Title to Hawick Drive to be transferred to the Pursuer.