Bankruptcy (Amendment) Act 2015
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Amendment of section 61 of Act of 1988 | ||
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9. Section 61 of the Act of 1988 is amended— | ||
(a) by the substitution of the following subsection for subsection (4): | ||
“(4) Notwithstanding any provision to the contrary contained in subsection (3), no disposition of property of a bankrupt, arranging debtor or person dying insolvent, which comprises— | ||
(a) a family home (within the meaning of the Family Home Protection Act 1976 ) of the bankrupt or the bankrupt’s spouse, or | ||
(b) a shared home (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ) of the bankrupt or the bankrupt’s civil partner (within the meaning of that Act), | ||
shall be made without the prior sanction of the Court and any disposition made without such sanction shall be void.”, | ||
and | ||
(b) by the substitution of the following subsection for subsection (5): | ||
“(5) On an application by the Official Assignee under subsection (4) for an order for the disposition of a family home or shared home, the Court, notwithstanding anything contained in this or any other enactment, shall have power to order postponement of the disposition of the family home or shared home, as the case may be, having regard to the interests of the creditors, spouse or civil partner (within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ), and any dependants, of the bankrupt, arranging debtor or person dying insolvent, as the case may be, as well as to all the circumstances of the case.”. |