Restitution Discussion Group Archives
| Sender: |
Nicholas Briggs |
| Date: |
Fri, 15 Dec 2000 11:14:36 |
| Re: |
Section 339 IA 1986 |
Section
339 updated section 14 of the BA 1914. That section had defects in so far
as it failed to assist in situations where there had been a disposition
of the bankrupt's property by way of a gift. However, for the disposition
to be set aside it has to be shown that the estate has lost something (i.e.
value).
Section 436 of the IA 1986 provides the definition of
property. It is very wide and includes money, goods, things in action,
land and every description of property wherever situated and also obligations
and every description of interest whether present or future or vested
or contingent arising out of or incidental to property.
If it can be shown that the money Cass had lost belonged
to him and thus would have vested in his estate, the insolvency jurisdiction
would be open. In these circumstances would the casino be able to plead
change of position against the trustee who would be acting with the force
of the statutory provision?
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