Commentary

227 Special cases where an application to the court is required before serving notice of disclaimer

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

227 Special cases where an application to the court is required before serving notice of disclaimer

| Commentary

227 Special cases where an application to the court is required before serving notice of disclaimer

Notice of disclaimer in respect of:

  1. 227.1

        any property that has been claimed for the estate as after-acquired property1; or

  2. 227.2

        personal property of the bankrupt exceeding reasonable replacement value2; or

  3. 227.3

        a tenancy which forms part of the estate3.

may not be given except with the permission of the court4. Where the trustee requires the permission of the court, he may apply for it without notice to any other party5.

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