| Commentary

280.1 The principle

| Commentary

280 Charging order

280.1 The principle

The Insolvency Act 1986 introduced an alternative procedure to sale whereby the trustee in bankruptcy had power to apply to the court for an order that a charge be imposed on any property comprised in the bankrupt’s estate which is occupied by the bankrupt, his spouse or former spouse (or civil partner or former civil partner) and which the trustee is unable to realise1. This was a significant innovation because, by Section 332, in the event of the bankrupt's property not being realised and no application for a charge under this provision having been considered

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial