Weir (as trustee in bankruptcy of Claire Elizabeth Hilsdon) v Hilsdon

Bankruptcy – Discharge. The Chancery Division allowed, on one ground only, a bankrupt's (H's) appeal against a district judge's order, suspending her discharge from bankruptcy until her trustee in bankruptcy confirmed to the court that H had complied with her duties. The court held, among other things, that a suspension of the discharge until the trustee confirmed to the court that the bankrupt had complied with his duties and obligations, or until the court otherwise ordered, satisfied the statutory requirement that the suspension be until the fulfilment of a specified condition. Accordingly, such an order was not always wrong in principle. However, the court held that, in the present case, the district judge's decision to impose an order in the form that he had was flawed for the failure to take into account the range of orders that could have been made, under s 279(3) of the Insolvency Act 1986, and for the failure to consider whether H's failings had really justified an order in that form. The order was set aside.

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