Mikki v Duncan

Bankruptcy – Trustee in bankruptcy. The Court of Appeal, Civil Division dismissed an appeal by a bankrupt against a decision not to allow him to purchase his car back from a hire purchase company as a tool of the trade under s 283 of the Insolvency Act 1986, in so doing the court held that it could not be said that the benefit of the hire purchase contract vested in the bankrupt. The benefit remained with the trustee and he was therefore obliged to realise it to the best advantage of the creditors.

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