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11/19/2018

START DATE

END DATE

18-Dec-18

Official Receiver v Harold Joseph Darrell

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

The Supreme Court of Bermuda

CIVIL JURISDICTION

Assistant Justice Kessaram

Ms. Leslie Basden (Office of the Official Receiver)

Mr. Gordon Woolridge (Phoenix Law Chambers)

FACTS OF THE CASE:

Harold Darrell failed to satisfy a debt judgement and did not submit a statement of affairs as required by the Bankruptcy Act 1989. The debt arose from a previous judgment where Darrell was found to owe $427259.47 plus additional costs totaling $597611.49. Despite warnings and additional time granted Darrell failed to comply leading to the application for bankruptcy adjudication.

SUMMARY:

Whether Darrell should be adjudged bankrupt for failing to file a statement of affairs.

OUTCOMES:

Darrell adjudged bankrupt Official Receiver appointed as trustee in bankruptcy without a committee of inspection application for Darrell to be held in contempt of court declined OR's costs to be paid out of the assets of Darrell's estate.

RULED IN FAVOUR OF:

In Favour Of Official Receiver

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Official Receiver v Harold Joseph Darrell

Harold Darrell failed to satisfy a debt judgement and did not submit a statement of affairs as required by the Bankruptcy Act 1989. The debt arose from a previous judgment where Darrell was found to owe $427259.47 plus additional costs totaling $597611.49. Despite warnings and additional time granted Darrell failed to comply leading to the application for bankruptcy adjudication.

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