Where a mortgagor is declared insolvent, the trustee in bankruptcy may disclaim onerous property in the same way as a liquidator of a company1, subject to the proviso that:
(1) a notice of disclaimer may not be given without leave of the court in respect of property claimed for the estate in the form of after-acquired property, personal property of the bankrupt exceeding reasonable replacement value or certain tenancies protected by statute2; and
(2) where the trustee seeks to disclaim any property in a dwelling house,
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