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Article 305 Saving for bankrupt's home

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This Article applies where—

(a)

there is comprised in the bankrupt's estate property consisting of an interest in a dwelling house which is occupied by the bankrupt or by his spouse or former spouseF1 or by his civil partner or former civil partner, and

(b)

the trustee has been unable for any reason to realise that property.

(2)

The trustee shall not summon a meeting under Article 304 unless either—

(a)

the High Court has made an order under Article 286 imposing a charge on that property for the benefit of the bankrupt's estate, or

(b)

the Court has declined, on an application under that Article, to make such an order, or

(c)

the Department has issued a certificate to the trustee stating that it would be inappropriate or inexpedient for such an application to be made in the case in question.

Annotations

Textual amendments

F1

2004 c. 33

Notes on Part IX

Modifications

C1

Pts. VIII-X (arts. 209-345) modified by Foyle Fisheries Act (Northern Ireland) 1952 (c. 5), s. 52K(2) (as inserted (prosp.) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 3(1) (with art. 32))