F3Vesting of estate in trustee
Annotations:
Amendments (Textual)
33 Limitations on vesting.
1
The following property of the debtor shall not vest in the F1. . . trustee—
C1F2a
any property kept outwith a dwellinghouse in respect of which attachment is, by virtue of section 11(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), incompetent;
aa
any property kept in a dwellinghouse which is not a non-essential asset for the purposes of Part 3 of that Act;
b
property held on trust by the debtor for any other person.
2
The vesting of a debtor’s estate in a F1. . . trustee shall not affect the right of hypothec of a landlord.
3
Sections 31 and 32 of this Act are without prejudice to the right of any secured creditor which is preferable to the rights of the F1. . . trustee.
Cross-heading preceding s. 31 substituted (1.4.2008) by virtue of Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 36, 227(3), Sch. 1 para. 30(6) (with s. 223); S.S.I. 2008/115, art. 3(1)(i) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))