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Pursuing court claim as undischarged bankrupt

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  • Pursuing court claim as undischarged bankrupt


    Can somebody help me please?...

    Is it correct that, as an undischarged bankrupt, I have to get permission from the Trustee to bring a claim against somebody for breach of contract and associated damages? If so, is it correct that if I fail to seek permission from the Trustee prior to bringing the claim, it is not something that can be remedied later (i.e. I cannot bring a claim and then get permission from the Trustee to continue with it)?

    I would really appreciate it if somebody could direct me to the legislation that deals with this.

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  • #2
    Yes. Under s283 Insolvency Act 1986, on the making of a bankruptcy order, all property of the bankrupt vests in his Trustee in Bankruptcy. Property includes causes of action to bring claims. If you pursue a claim and win, the Trustee may claim the damages for the bankruptcy estate.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf


    • #3
      Thanks Atticus...

      So, if I have already brought a claim without seeking permission from the Trustee, and it comes to the Courts attention, it will be struck out as abuse of process presumably?



      • #4

        Just wondering if somebody can assist with my last query? Also, I believe that a claim for distress is treated differently and does not require permission from the Trustee. So, if a claim for breach of contract is struck out due to not having sought permission from the Trustee, would an application on appeal to amend the claim (adding a claim for distress) be likely to be successful and thereby save the claim?



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