Azuonye v Kent [2019]

This case concerns an Income Payments Order (IPO) that was put in place after the discharge of the Bankrupt’s first bankruptcy, but before his second bankruptcy.

The Trustee argued that without s335(2) applying to an IPO where the second bankruptcy order is made after the debtor has received their discharge from the first bankruptcy, then the IPO remains alive and enforceable by the first Trustee, and that an IPO should not be a provable debt.

Full details and the Judge's ruling can be found in in our CPD Tap webcast, number 113.

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