Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2022) Bankruptcy: a rare exception. Family Law Journal, 212. ISSN 1472-4944

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Abstract

The article considers the caselaw on applications for possession and sale of the family home after a year the property has been vested in a trustee in bankruptcy. In particular, it looks at what the courts may consider as "exceptional circumstances" in refusing a sale: (1) the spouse's medical condition; (2) other personal circumstances; and (3) the likelihood of recovery of the debt after a postponed sale. Human rights considerations are also examined in this context. What emerges is a model premised on the principle that the interests of creditors will invariably prevail over family concerns unless there are compelling reasons for refusing (or deferring) sale which are absent from the ordinary run of cases. The model adopted is, therefore, one which advocates the notion that “money talks” so as to deprive the family of its home because the borrower must honour his debts above all else.

Item Type:	Article
Uncontrolled Keywords:	family home, application for sale, trustee in bankruptcy, creditors, exceptional circumstances, human rights
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Faculty / School / Research Centre / Research Group:	Faculty of Liberal Arts & Sciences Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Related URLs:	Publisher
Last Modified:	07 Apr 2022 09:14
URI:	http://gala.gre.ac.uk/id/eprint/35429

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