| Commentary

279 Order for sale

| Commentary

279 Order for sale

If the trustee needs an order for sale, he must apply to the court having jurisdiction in bankruptcy for the required order1. His application will usually also involve:

  1. 279.1

        an order for possession against the bankrupt and any other co-occupiers (so that sale may be on a vacant possession basis); and

  2. 279.2

        the resolution of a dispute with a co-occupying spouse or domestic partner over the extent of the bankrupt's beneficial interest on sale.

The court has a discretion whether to make an order on the trustee’s application and, if so, on what terms2. The Insolvency Act

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