Insolvency Bill [Lords] — Insolvent estates of deceased persons — 16 Nov 2000

I beg to move amendment No. 26, in page 6, line 7, at end insert "and occupied by".

Madam Deputy Speaker:

With this it will be convenient to discuss the following amendments: No. 27, in page 6, line 14, at end insert "and occupied by".

proposal to reverse the Razzaq vs Pala court decision so that a landlord may not exercise the right of peaceable re-entry of a property while a voluntary moratorium agreement is in place without the permission of a court.

Amendment, by leave, withdrawn.

I beg to move amendment No. 28, in page 7, line 32, at end insert--

'who has died after the commencement of this section'.

There is a genuine policy question as to whether the interests of a deceased debtor in property held jointly should be treated as forming part of his estate for the purpose of its administration in bankruptcy. This deserves to be addressed explicitly rather than by merely referring back to . . . the 1986 Act; it remains for Ministers to make a positive case

It would be useful if the explanatory notes could confirm that no retrospective effect is intended . . .

Hon. Members will appreciate that we must strike a balance between the interests of creditors who have not been paid by a deceased insolvent and a survivor who has become sole owner of what he or she formerly owned jointly with a deceased insolvent.--[ Official Report, Standing Committee B , Tuesday 7 November; c. 130.]

the court must have regard to all the circumstances of the case, including the interests of the deceased's creditors and of the survivor.

but, unless the circumstances are exceptional--

the court must assume that the interests of the deceased's creditors outweigh all other considerations.

the need to be satisfied there is no retrospective aspect involved.--[ Official Report, House of Lords , 4 April 2000; Vol. 611, c. 1272.]

It will be made clear that provisions will not have retrospective effect.

the commencement of this section.

Question put , That the amendment be made:--

The House divided: Ayes 34, Noes 210.

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