Bankruptcy claim

Acting for a trustee in bankruptcy in defence of a claim made against real property that had vested in the bankrupt estate. If successful, the claim would have prevented the bankrupt’s creditors from receiving a dividend from the bankrupt estate. The litigation required consideration of constructive trusts, resulting trusts, the presumption of advancement, and relatively complex evidentiary issues. The proceeding was resolved in the trustee’s favour. Consequently, there are sufficient funds in the bankrupt estate to pay a dividend to creditors.