Key points of his article:
- This article explores recent case law in proceedings for possession and sale of a bankrupt’s home.
- It looks at the evidential burden of proof to establish exceptional circumstances under s 335A of the Insolvency Act 1986.
- Having established that there are exceptional circumstances present, recent cases far more support a sale being delayed for a reasonable adjustment period rather than the creditors rights being suspended indefinitely.
First published in Corporate Recovery & Insolvency, Issue 5, October 2018. Read the full article here.