Rule 10.167 Bankrupt's home: property falling within section 283A

(1)

Where it appears to a trustee that section 283A(1) M1 applies, the trustee must deliver notice as soon as reasonably practicable to—

(a)

the bankrupt;

(b)

the bankrupt's spouse or civil partner (in a case falling within section 283A(1)(b)); and

(c)

the former spouse or former civil partner of the bankrupt (in a case falling within section 283A(1)(c)).

(2)

Such a notice must contain—

(a)

the name of the bankrupt;

(b)

the address of the dwelling-house;

(c)

if the dwelling-house is registered land, the title number; and

(d)

the date by which the trustee must have delivered the notice.

(3)

A trustee must not deliver such a notice any later than 14 days before the third anniversary of the bankruptcy order or, 14 days before the third anniversary of when the official receiver or trustee became aware of the property.

Annotations

Marginal citations

M1: Section 283A was inserted by section 261(1) of the Enterprise Act 2002 (c.40) and has been amended by paragraph 113 of Schedule 27 to the Civil Partnership Act 2004 (c.33).