Challenge to divorce

Insolvency Litigation

After surveillance showed a bankrupt leaving a property which had been transferred to his ex-wife in divorce proceedings, and information obtained from an airline company using the trustee in bankruptcy’s wide-ranging powers under the Insolvency Act demonstrated that the bankrupt and his ex-wife had been on holiday together numerous times after the divorce, we were instructed to challenge the consent order reached in the divorce proceedings.

In order to successfully do so we needed to demonstrate that information available to the parties at the time had been withheld from the family court, which would have led the Court to refuse to approve the consent order.  We prepared a lengthy witness statement setting out the information available to the bankrupt at various points throughout the divorce proceedings which demonstrated that he knew that by entering into the consent order, he would inevitably be putting himself in a position in which he would be unable to pay his debts. 

A without prejudice meeting and a mediation were held shortly after service of the draft application and the case settled shortly afterwards on grounds which allowed the bankrupt’s ex-wife to retain her home.

Insolvency Litigation Case Studies

Insolvency Litigation Case Studies

Challenge to divorce

Sham trusts

Trust or loan?

Challenge to former administrators’ fees

Director’s disqualification

Challenge to statutory demand

Freezing assets

Liquidators’ failure to adjudicate

Section 236 interviews and document requests

Out of court administration (no qualifying floating chargeholder)

Out of court administration (with qualifying floating chargeholder)

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