| Commentary

282 Bankrupt’s rights of occupation

| Commentary

282 Bankrupt’s rights of occupation

The Insolvency Act 1986 gives the bankrupt rights of occupation against the trustee in bankruptcy where there is a need to safeguard the interests of children1. The rights given to the bankrupt are equivalent to those given to a spouse (or civil partner) without any legal or beneficial interest in the property under the Family Law Act 1996. They operate against the trustee in bankruptcy, and are2:

  1. 282.1

        if in occupation, a right not to be evicted or excluded from the dwelling house or any part of it, except with the permission of the court;

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