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Rule 6.237 Bankrupt’s Home—Notification of property falling within section 283AF1

England and Wales

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

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

Where it appears to a trustee that section 283A(1) applies, the trustee shall give notice in [FORM 4.22]Form 6.83 as soon as reasonably practicable to—

(a)

the bankrupt;

(b)

the bankrupt’s spouse F2or civil partner (in a case falling within section 283A(1)(b)); and

(c)

a former spouse F3 or former civil partner of the bankrupt (in a case falling within section 283A(1)(c)).

(2)

A notice under paragraph (1) shall contain—

(a)

the name of the bankrupt;

(b)

the address of the dwelling-house; and

(c)

if the dwelling-house is registered land, the title number.

(3)

A trustee shall not give notice under paragraph (1) any later than 14 days before the expiry of the three year period under section 283A(2) or 283A(5).

Annotations

Textual amendments

F1

Rules 6.237-6.237E substituted for rule 6.327 (1.4.2004) by The Insolvency (Amendment) Rules 2003 (S.I. 2003/1730), rule 1(3), Sch. 1 para. 51

F2

Words in rule 6.237(1)(b) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 18 para. 1(2)(a)

F3

Words in rule 6.237(1)(c) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 18 para. 1(2)(b)