Boris Franz Becker v Ford & Ors [2024] EWHC 1001 (Ch)
- Bankruptcy
- by Caroline McDonagh
- 23-05-2024
This case is an unfortunate reminder of the fate in bankruptcy of an extremely well-known professional tennis player; yet he, as a bankrupt, was ultimately able to convince the court that his compliance with his Trustees in Bankruptcy was consistent with the obligations imposed by the Insolvency Act 1986, and sufficient for his suspension to be lifted.
In this case, just as the court had to be satisfied that there had been non-compliance by a bankrupt to suspend the bankrupt's automatic discharge, the court also had to be satisfied that the bankrupt had co-operated with the Official Receiver or his Trustee in Bankruptcy to obtain a finding that there had been co-operation which was consistent with his Insolvency Act 1986 obligations.
It was noted that the legislation did not impose a requirement that discharge was conditional upon full compliance. Rather, it was enough if Mr Becker could demonstrate that he had done all that he could reasonably do in the circumstances in fulfilling any outstanding obligations which had been previously identified.