Defects in Administration Appointments and Extensions – Assume the worst and remedy on that basis?(UK)

There is something to be said for “assume the worst” when it comes to defects in administration appointments and extensions.  The court has taken this approach in a few cases where, rather than trying to work out the intricacies and effect of a defect on an appointment or extension, it has assumed the worst (i.e invalidity) and made a retrospective order to remedy the position. 

There is much to be said for this approach, which stems from the Bradford Bulls Read the rest

Government seeks clarity on remedy after recent bankruptcy decision

Government seeks clarity on remedy after recent bankruptcy decision

Share

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Last summer, the Supreme Court ruled in Siegel v. Fitzgerald that a 2017 law permitting debtors in bankruptcy proceedings in North Carolina and Alabama to pay lower administrative fees than those paid by debtors in other states violated the Constitution’s requirement that Congress provide uniform bankruptcy laws nationwide. That decision … Read the rest