Evans and another v Carter

Bankruptcy – Property available for distribution. The judge had erred in concluding that the Official Receiver, as the respondent's trustee in bankruptcy, had failed to make clear that he wished to benefit from her successful appeal against a possession order after her automatic discharge. The Chancery Division, in allowing the appellant trustees in bankruptcy's appeal against the judge's decision that a property had re-vested in the respondent, held that, in any event, it had been for the respondent to have made her position clear to the Official Receiver and she had not.

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