In re L G Clarke, Ex parte The Debtor v S Aston & Son Ltd

Subject Matter

BANKRUPTCY — Act of — Waiver by creditors — Assent to assignment of assets for benefit of creditors induced by misrepresentation in debtor's statement of affairs — Partnership property ostensibly in sole ownership of debtor — No action by judgment creditor when facts disclosed — Sale of part of assets with concurrence of partner — Subsequent refusal of debtors to co-operate in realisation of other assets — Bankruptcy petitions founded on original act of bankruptcy and judgment debt — Whether creditor debarred from retracting assent — Effect of intervening acts of third party

[1967] Ch 1121; [1966] 3 WLR 1101