C1C2C3C7C4C5C6 Part IX Bankruptcy

Annotations:
Modifications etc. (not altering text)
C3

Pt. IX (except ss. 269, 270, 287, 297) applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 8(7)-(9), Sch. 4 Pt. II, Sch. 7 (as amended (1.7.2005) by S.I. 2005/1516, art. 10)

Pt. IX (except ss. 273, 274, 287, 297) applied (1.12.1994) by S.I. 1994/2421, art. 10(4)(5)(a)

C7

Pt. IX (except ss. 273, 274, 287) applied (1.12.1994) by S.I. 1994/2421, art. 11(1)(2)(a), Sch. 7 (as amended (1.7.2005) by S.I. 2005/1516, art. 10 and S.I. 1994/2421, Sch. 7 para. 21 (1.1.2015) by The Banks and Building Societies (Depositor Preference and Priorities) Order 2014 (S.I. 2014/3486), arts. 1(2), 15 (with art. 3))

C4

Pt. IX (ss. 264-371) modified (3.2.1995) by 1994 c. 37, ss. 32(1), 69(2), Sch. 2 para. 5 (with s. 66(2))

Pt. IX modified (31.3.1996) by 1995 c. 20, s. 110(1), Sch. 4 para. 2(1); S.I. 1996/517, art. 3(2) (subject to transitional provisions and savings in arts. 4-6, Sch. 2)

Pt. IX modified (1.4.1996) by 1995 c. 43, ss. 44, 50(2), Sch. 2 para. 2(1)

Pt. IX modified (1.9.2001 subject to art. 3 of the commencing S.I.) by 2001 c. 17, s. 1(3), Sch. 6 para. 9(1) (with s. 78); S.I. 2001/2161, arts. 2, 3 (as amended by S.I. 2001/2304, art. 2)

Pt. IX modified (24.3.2003) by 2002 c. 29, ss. 417, 458(1)(3); S.I. 2003/333, art. 2, Sch. (subject to arts. 3-13 (as amended by S.I. 2003/531, arts. 3, 4))

C5

Pt. IX (ss. 264-371) restricted (6.4.1996 for the purpose only of authorising the making of regulations) by 1995 c. 26, ss. 91(3), 180(1) (with s. 121(5)); S.I. 1996/778, art. 2(5)(a), Sch. Pt. V

C6

Second Group of Parts (Pts. 8-11) modified (31.12.1996) by 1991 c. 57, Sch. 10 (as substituted by 1995 c. 25, s. 120(1), Sch. 22 para. 183 (with ss. 7(6), 115, 117); S.I. 1996/2909, art. 3)

Second Group of Parts (Pts. 8-11) modified (11.11.1999 for specified purposes and 6.4.2002 otherwise) by 1999 c. 30, s. 12(1); S.I. 2002/153, art. 2(b)

Chapter V Effect of Bankruptcy on Certain Rights Transacttions, Etc.

Rights of occupation

336 Rights of occupation etc. of bankrupt’s spouse F1or civil partner.

1

Nothing occurring in the initial period of the bankruptcy (that is to say, the period beginning with the day of the F18making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition and ending with the vesting of the bankrupt’s estate in a trustee) is to be taken as having given rise to any F2F3home rights under Part IV of the Family Law Act 1996 in relation to a dwelling house comprised in the bankrupt’s estate.

2

Where F4a spouse’s or civil partner’s home rightsF5under the Act of 1996 are a charge on the estate or interest of the other spouse F6or civil partner, or of trustees for the other spouse F6or civil partner, and the other spouse F6or civil partner is F19made bankrupt—

a

the charge continues to subsist notwithstanding the bankruptcy and, subject to the provisions of that Act, binds the trustee of the bankrupts’s estate and persons deriving title under the trustee, and

b

any application for an order F7under section 33 of that Act shall be made to the court having jurisdiction in relation to the bankruptcy.

F83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

On such an application as is mentioned in subsection (2) F9. . . the court shall make such order under F10section 33 of the Act of 1996. . . as it thinks just and reasonable having regard to—

a

the interests of the bankrupt’s creditors,

b

the conduct of the spouse or former spouse F11or civil partner or former civil partner, so far as contributing to the bankruptcy,

c

the needs and financial resources of the spouse or former spouse F11or civil partner or former civil partner,

d

the needs of any children, and

e

all the circumstances of the case other than the needs of the bankrupt.

5

Where such an application is made after the end of the period of one year beginning with the first vesting under Chapter IV of this Part of the bankrupt’s estate in a trustee, the court shall assume, unless the circumstances of the case are exceptional, that the interests of the bankrupt’s creditors outweigh all other considerations.

337 Rights of occupation of bankrupt.

1

This section applies where—

a

a person who is entitled to occupy a dwelling house by virtue of a beneficial estate or interest is F20made bankrupt, and

b

any persons under the age of 18 with whom that person had at some time occupied that dwelling house had their home with that person at the time when the F21bankruptcy application was made or (as the case may be) the bankruptcy petition was presented and at the commencement of the bankruptcy.

2

Whether or not the bankrupt’s F12spouse or civil partner (if any) has home rightsF13under Part IV of the Family Law Act 1996—

a

the bankrupt has the followng rights as against the trustee of his estate—

i

if in occupation, a right not to be evicted or excluded from the dwelling house or any part of it, except with the leave of the court,

ii

if not in occupation, a right with the leave of the court to enter into and occupy the dwelling house, and

b

the bankrupt’s rights are a charge, having the like priority as an equitable interest created immediately before the commencement of the bankruptcy, on so much of his estate or interest in the dwelling house as vests in the trustee.

F143

The Act of 1996 has effect, with the necessary modifications, as if—

a

the rights conferred by paragraph (a) of subsection (2) were F15home rights under that Act,

b

any application for such leave as is mentioned in that paragraph were an application for an order under section 33 of that Act, and

c

any charge under paragraph (b) of that subsection on the estate or interest of the trustee were a charge under that Act on the estate or interest of a spouse F16or civil partner.

4

Any application for leave such as is mentioned in subsection (2)(a) or otherwise by virtue of this section for an order under F17section 33 of the Act of 1996 shall be made to the court having jurisdiction in relation to the bankruptcy.

5

On such an application the court shall make such order under F17section 33 of the Act of 1996 as it thinks just and reasonable having regard to the interests of the creditors, to the bankrupt’s financial resources, to the needs of the children and to all the circumstances of the case other than the needs of the bankrupt.

6

Where such an application is made after the end of the period of one year beginning with the first vesting (under Chapter IV of this Part) of the bankrupt’s estate in a trustee, the court shall assume, unless the circumstances of the case are exceptional, that the interests of the bankrupt’s creditors outweigh all other considerations.

338 Payments in respect of premises occupied by bankrupt.

Where any premises comprised in a bankrupt’s estate are occupied by him (whether by virtue of the preceding section or otherwise) on condition that he makes payments towards satisfying any liability arising under a mortgage of the premises or otherwise towards the outgoings of the premises, the bankrupt does not, by virtue of those payments, acquire any interest in the premises.