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17-12-2018

Graham McPhie, Partner at Moon Beever explores recent case law on the evidential burden of proof to establish exceptional circumstances under section 335A Insolvency Act 1986 in proceedings for possession and sale together with the consequences of having done so. 

First published in Corporate Recovery & Insolvency, Issue 5, October 2018. Read the full article here.

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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.

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