The current law was set out in Re Citro [1990], which laid down a narrow definition of the type of exceptional circumstance that would justify any postponement of sale by a trustee in bankruptcy. In simple terms, a bankrupt creditor's interests will outweigh all other interests in virtually all cases. However, that proposition was challenged recently in a case in which a bankrupt resisted an application for possession, on the basis that his former partner had a beneficial interest in the property, and that the sale would cause disruption to the education of his son, who had special needs. However, the bankrupt's former partner was not a party to the proceedings, and the evidence about the special needs of his son was decidedly thin. On the facts, the judge felt there was insufficient reason to postpone the sale, but, in doing so, noted that HRA 1998 (which does, of course, provide a right to respect for private and family life) was likely to require a shift in emphasis away from the present high priority given to creditors by Re Citro [1990]. Accordingly, do consider the Human Rights possibilities when advising in such a case. See note on Romano Borca [2004] EWHC 2170 (Ch), noted in [2005] SJ 829. © Practical Lawyer