Stop Press – Pensions and Bankruptcy

If you go bankrupt can the Trustee get at your pension? Well if you are over 55 (or even 52) then they might be able to. Or on the other hand they might not. An unsatisfactory state of affairs, brought about by two contradictory decisions of High Court judges – Raithatha v Williamson or Horton v Henry.

Well there should be an answer soon as Horton v Henry is going to appeal in the Court of Appeal some time soon – by 14th July, and we should therefore have a judgment by the Autumn. So watch this space, and the legal press.

For more information look at my earlier pieces on Raithatha and on Horton. And then there is a good piece on Debt Camel that is well worth reading.

PS – I understand that the CA hasn’t been able to fit in the appeal by 14th July so it’s likely to be heard in October. More delay and uncertainty isn’t helpful – everybody needs to know where they are.

PPS – Debt Camel have now heard that the CA hearing is due on 26/27 January 2016, with the decision doubtlessly taking a bit longer. Unless of course this case settles too, like the Raithatha appeal did…

Author: Coventry Man

A perspective from a litigation lawyer in the Midlands. After many years in Coventry I am now with David Lee Solicitors in Kenilworth, helping people with all sorts of litigation, especially property and landlord & tenant problems. I am now semi-retired, so for advice go to my successor Kax Chana 01926 852188.

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