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Insolvency Act 1986

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This is the original version (as it was originally enacted).

385Miscellaneous definitions

(1)The following definitions have effect—

  • the court”, in relation to any matter, means the court to which, in accordance with section 373 in Part X and the rules, proceedings with respect to that matter are allocated or transferred;

  • " creditor's petition " means a bankruptcy petition under section 264(1)(a);

  • criminal bankruptcy order ” means an order under section 39(1) of the [1973 c. 62.] Powers of Criminal Courts Act 1973 ;

  • debt” is to be construed in accordance with section 382(3);

  • “the debtor ”—

    (a)

    in relation to a proposal for the purposes of Part VIII, means the individual making or intending to make that proposal, and

    (b)

    in relation to a bankruptcy petition, means the individual to whom the petition relates;

  • " debtor's petition " means a bankruptcy petition presented by the debtor himself under section 264(1)(b);

  • dwelling house” includes any building or part of a building which is occupied as a dwelling and any yard, garden, garage or outhouse belonging to the dwelling house and occupied with it;

  • estate ”, in relation to a bankrupt is to be construed in accordance with section 283 in Chapter II of Part IX;

  • family”, in relation to a bankrupt, means the persons (if any) who are living with him and are dependent on him;

  • “secured ” and related expressions are to be construed in accordance with section 383 ; and

  • the trustee ”, in relation to a bankruptcy and the bankrupt, means the trustee of the bankrupt's estate.

(2)References in this Group of Parts to a person's affairs include his business, if any.

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