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PERI v ENGEL

14 June 2002

Bankrupt seeking discharge because third party paying his debts: bankrupt seeking order fixing remuneration of trustee in bankruptcy: whether bankrupt having standing where satisfaction of creditors’ claims would leave no surplus Appeal from Oxford County Court A BANKRUPT applied to the court for an order that the court fix the trustee in bankruptcy’s remuneration at a reasonable level pursuant to powers contained in s 303 of the Insolvency Act 1986; and that his bankruptcy be annulled because a third party had agreed to supply the funds to meet the creditors’ demands. District Judge Bowman granted the applications. The trustee in bankruptcy appealed against the first order on the grounds that the former bankrupt could not show that the trustee’s decision on remuneration had adversely affected his substantial interests (that being necessary for standing under s 303) because such an interest could exist only if there was, or would, or might be a surplus i...

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