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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Azuonye v Kent [2018] EWHC 2766 (Ch) (02 October 2018) URL: https://www.bailii.org/ew/cases/EWHC/Ch/2018/2766.html Cite as: [2018] EWHC 2766 (Ch), [2018] WLR(D) 678, [2018] 4 WLR 157 |
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CHANCERY DIVISION
7 Rolls Building, Fetter Lane, London, EC4A 1NL |
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B e f o r e :
BETWEEN:
____________________
DR IKECHUKWU OBIALO ![]() | Applicant | |
- and - | ||
IMOGEN ![]() | ||
(in her capacity as trustee of the bankrupt estate of Dr Ikechukwu Obialo ![]() | Respondent |
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8th Floor, 165 Fleet Street, London, EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424
Web: www.epiqglobal.com/en-gb/ Email: civil@epiqglobal.co.uk
(Official Shorthand Writers to the Court)
AZUONYE
appeared in person
MR J COLCLOUGH (instructed by Verisona
Law Solicitors) appeared on behalf of the Respondent
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VERSION
OF JUDGMENT
(AS APPROVED)
Crown Copyright ©
The background facts
The judge's decision
Arguments for the appellant
Arguments for the trustee
Discussion
"(6) Discharge does not release the bankrupt from such other bankruptcy debts, not being debts provable in his bankruptcy, as are prescribed."
So it is clear that any provable debt cannot be carved out from being released by subsection (6). Although the drafting is perhaps not quite as clear as it should be, overall it is clear that the intention is that provable debts are discharged. The appellant does not argue that section 281 applies to remove the effect of the IPO as at the date of the discharge of the first bankruptcy, and it is important to emphasise that it is clear from the scheme of the legislation that this is not intended. This is apparent from section 281(1) and the reference to the functions of the trustee. In contrast, of course, debts owed to creditors who benefit from the IPO are released as a result of that discharge.
Conclusion
Epiq Europe Ltd hereby certify that the above is an accurate and complete record of the proceedings or part thereof. This transcript has been approved by the Judge