A bankrupt cannot avoid an Income Payments Order by simply declaring himself bankrupt again

read time: 2 min
30.07.19

Although the decision has been overturned by the Court of Appeal, it is reassuring that the view remains that a bankrupt cannot avoid an IPO by simply declaring himself bankrupt for a second time.

The Court took a sensible view that the provisions for discharged and undischarged bankrupts should mirror each other. Further, if a bankrupt falsely declares himself bankrupt in order to avoid certain debts, the Court is likely to annul the bankruptcy or may also make other appropriate orders.

 

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