Add to ORKGThe article reviews cases on secured creditors' applications to sell family homes to pay off debts. It considers the factors that might influence the court to deny or delay the sale, including parties' intentions, purpose of the trust to provide a family home, the welfare of children, elderly and ill family members, assets available to pay the debt, the size of the debt, inability to repay, family's ability to buy a smaller home, human rights and hardship
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The article questions whether the law on overreaching should be amended to protect occupiers' equita...
The purpose of this article is to consider the impact of some of the provisions of the National Cred...
Mortgage foreclosures are at an all-time high and property values in many parts of the country have ...
This, the first part of a two-part article on the discretionary powers of the courts to order a sale...
This, the second part of a two-part article on the discretionary powers of the courts to order a sal...
Although the English courts appear to have assumed that a wife will not be prejudiced in raising a d...
The Bankruptcy Code has reached a delicate balance between protecting the rights of secured creditor...
The article examines the court’s discretionary power to order a sale of the family home at the suit ...
The financial stress and economic difficulties which characterized sectors of the agriculture indust...
The article considers the caselaw on applications for possession and sale of the family home after a...
This article discusses a California case where the creditor - who had showed up one minute at its fo...
There has been considerable debate about the extent to which section 15 of the Trusts of Land and Ap...
Bankruptcy is a decision issued by the Court that resulted in a general confiscation of all the weal...
This article provides an overview of and commentary on High Court Rule 46A, which deals with the pro...
The paper considers some problems of debtor’s property recovery. In particular, the issues of initia...
The article questions whether the law on overreaching should be amended to protect occupiers' equita...
The purpose of this article is to consider the impact of some of the provisions of the National Cred...
Mortgage foreclosures are at an all-time high and property values in many parts of the country have ...