Grant and another v Baker and another

Bankruptcy – Trustee in bankruptcy. The Chancery Division allowed an appeal by the trustees in bankruptcy against an order postponing the sale of the bankrupt's home for as long as his adult daughter, who had global developmental delay, dyspraxia and obsessive compulsive disorder, resided there. It held that the district judge had correctly held that there were exceptional circumstances, within the meaning of s 335A, which included circumstances where a child of a bankrupt suffered from a medical or mental condition and would be impacted by being required to move due to the sale of the home. However, it held that the judge had erred significantly in exercising her discretion by ordering an indefinite postponement of the sale of the property. It ordered a further postponement in the sale for approximately 12 months.

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