The Insolvency (Northern Ireland) Order 1989

After‐acquired property N.I.

280.—(1) Subject to this Article and Article 282, the trustee may by notice in writing claim for the bankrupt's estate any property which has been acquired by, or has devolved upon, the bankrupt since the commencement of the bankruptcy.

(2) A notice under this Article shall not be served in respect of—

(a) any property falling within paragraph (2) or (3) of Article 11,

[F1 (aa) any property vesting in the bankrupt by virtue of Article 256A in Chapter II,]

(b) any property which by virtue of any other statutory provision is excluded from the bankrupt's estate, or

(c) without prejudice to Article 254(2)(c) (order of High Court on application for discharge), any property which is acquired by, or devolves upon, the bankrupt after his discharge.

(3) Subject to [F2 paragraphs (4) and (4A)], upon the service on the bankrupt of a notice under this Article the property to which the notice relates shall vest in the trustee as part of the bankrupt's estate; and the trustee's title to that property has relation back to the time at which the property was acquired by, or devolved upon, the bankrupt.

(4) Where, whether before or after service [F3 on the bankrupt] of a notice under this Article—

(a) a person acquires property in good faith, for value and without notice of the bankruptcy, F4 ...

F4 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the trustee is not in respect of that property F5 ... entitled by virtue of this Article to any remedy against that person F6 ..., or any person whose title to any property derives from that person F6 ....

[F7 (4A) Where a banker enters into a transaction beforeservice on the banker of a notice under this Article (and whether before or after service on the bankrupt of a notice under this Article) the trustee is not in respect of that transaction entitled by virtue of this Article to any remedy against the banker.

This paragraph applies whether or not the banker has notice of the bankruptcy.]

(5) References in this Article to property do not include any property which, as part of the bankrupt's income, may be the subject of an income payments order under Article 283.

F1 Art. 280(2)(aa) inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 17(4) (with art. 4); S.R. 2006/21, art. 2 (with S.R. 2006/22, arts. 2 - 7)

F2 Words in art. 280(3) substituted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 13(2), 28(2); S.R. 2016/203, art. 2

F3 Words in art. 280(4) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 13(3)(a), 28(2); S.R. 2016/203, art. 2

F4 Art. 280(4)(b) and word repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 13(3)(b), 28(2), Sch. 4; S.R. 2016/203, art. 2

F5 Words in art. 280(4) repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 13(3)(c)(i), 28(2), Sch. 4; S.R. 2016/203, art. 2

F6 Words in art. 280(4) repealed (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 13(3)(c)(ii), 28(2), Sch. 4; S.R. 2016/203, art. 2

F7 Art. 280(4A) inserted (1.4.2016) by Insolvency (Amendment) Act (Northern Ireland) 2016 (c. 2), ss. 13(4), 28(2); S.R. 2016/203, art. 2

Modifications etc. (not altering text)

C1 Art. 280 excluded (with application in accordance with reg. 1 of the amending S.I.) by The Education (Postgraduate Master's Degree Loans) Regulations 2016 (S.I. 2016/606), regs. 1(1), 97(2)(a)