Re Elichaoff (deceased) (bankrupt); Robert (trustee of Elichaoff) v Woodall

Bankruptcy – Practice. The Bankruptcy Court, in striking out part of a claim brought by a trustee in bankruptcy of the deceased, held that the trustee was not entitled to be paid a lump sum payment or other financial provision by the wife of the deceased, under ss 23, 24 and 31 of the Matrimonial Causes Act 1973. Among other things, the court held that s 283 of the Insolvency 1986 Act could not vest the right to seek financial provision in the bankrupt estate in the trustee because ss 23 and 24 or 31 of the Matrimonial Causes Act 1973 created rights which could only be pursued by the spouses themselves. The wife's application to strike out also succeeded in respect of the trustee's claim under s 339 of the 1986 Act (transaction at an undervalue), but not in respect of the trustee's claim under preferences, under s 340 of that Act (preferences).

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