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Commentary

226 Notice to elect

BANKRUPTCY AND INSOLVENCY (INDIVIDUAL INSOLVENCY) vol 3(2)
| Commentary

226 Notice to elect

| Commentary

226 Notice to elect

Any person interested in the property may force the trustee to elect whether to disclaim or not1. To put the trustee to his election, a person interested in the property must apply in writing to the trustee requiring him to decide whether he will disclaim or not2.

If the trustee wishes to disclaim the property, he must do so within the period of 28 days beginning with the day on which the application (ie the notice to elect) was made3. In a case where the property concerned cannot be disclaimed by

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