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The Insolvency (Northern Ireland) Order 1989
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The Insolvency (Northern Ireland) Order 1989, Section 305 is up to date with all changes known to be in force on or before 15 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Saving for bankrupt's homeN.I.
305.—(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 spouse[F1 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.
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