Rule 6.229 Bankrupt's dwelling-house and home

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

rules 11.01-11.13 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 6(10)-CP(3) substituted by Insolvency 2000 rule 5
rule 4.056-CVL(2) words inserted by Insolvency 2006 Sch. 1 para. 22
rule 6.229-229F substituted for Rule 6.229 by Insolvency 2006 Sch. 1 para. 91
rule 4.228A-4.228E inserted by Insolvency 2008 rule 5
rules 2.028-2.110 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.114-2.115 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 2.119-2.130 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.027-4.029 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.031-4.034 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 4.197-4.204 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.05-7.07 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.09-7.14 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.19-7.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.24-7.30 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.34-7.42 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 7.50-7.54 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rules 12.01-12.22 applied with modifications by rule 58 by Bank Administration 2009 rule 61
rule 7. 13B(2) word omitted by Insolvency 2023 rule 37(1)

(1)

This Rule applies where the trustee applies to the court under Article 286 for an order imposing a charge on property consisting of an interest in a dwelling-house.FORM 6.82

(2)

The bankrupt's spouse or former spouse shall be made respondent to the application; and the court may, if it thinks fit, direct other persons to be made respondents also, in respect of any interest which they may have in the property.

(3)

The trustee shall make a report to the court, containing the following particulars—

(a)

the extent of the bankrupt's interest in the property which is the subject of the application; and

(b)

the amount which, at the date of the application, remains owing to unsecured creditors of the bankrupt.

(4)

The terms of the charge to be imposed shall be agreed between the trustee and the bankrupt or, failing agreement, shall be settled by the court.

(5)

The rate of interest applicable under Article 286(2) is the rate applicable to a money judgment of the High Court on the day on which the charge is imposed, and the rate so applicable shall be stated in the court's order imposing the charge.

(6)

The order shall also—

(a)

describe the property to be charged;

(b)

state whether the title to the property is registered and, if it is, specify the folio number;

(c)

set out the extent of the bankrupt's interest in the property which has vested in the trustee;

(d)

indicate, by reference to any, or the total, amount which is payable otherwise than to the bankrupt out of the estate and of interest on that amount, how the amount of the charge to be imposed is to be ascertained;

(e)

set out the conditions (if any) imposed by the court under Article 286(4); and

(f)

identify when any property charged under Article 286 shall cease to be comprised in the bankrupt's estate and, subject to the charge (and any prior charge), to vest in the bankrupt.

(7)

Unless the court is of opinion that a different date is appropriate, the date under paragraph (6)(f) shall be that of the registration of the order in the Land Registry or the Registry of Deeds, as the case may be.

(8)

The trustee shall, forthwith after the making of the order—

(a)

if the title to the property is registered, send a sealed and certified copy of the order to the Registrar of Titles for registration, or

(b)

in any other case, send 2 sealed copies of the order (one of which shall be certified by the Master) to the Registrar of Deeds, for registration.

(9)

Where the order imposing a charge on the property is discharged or varied under Article 286(6) and the court orders the vacation or amendment of the entry in the Land Registry or in the Registry of Deeds, the trustee shall, forthwith after the making of such order of discharge or variation—

(a)

if the order imposing the charge has been registered in the Land Registry, send a sealed and certified copy of the order of discharge or variation to the Registrar of Titles, for registration, or

(b)

if the order imposing the charge has been registered in the Registry of Deeds, send 2 sealed copies of the order of discharge or variation (one of which shall be certified by the Master) to the Registrar of Deeds, for registration.

[E.R.6.237]