PART 5Vesting etc.

Limitation on vesting

I188Limitation on vesting

1

The following property of the debtor does not vest in the trustee in the sequestration—

a

any property—

i

kept outside a dwellinghouse, and

ii

in respect of which attachment is, by virtue of section 11(1) of the 2002 Act, incompetent,

b

any property—

i

kept inside a dwellinghouse, and

ii

not a non-essential asset for the purposes of Part 3 of that Act, and

c

property held on trust by the debtor for any other person.

2

The vesting of the debtor's estate in the trustee in the sequestration does not affect the right of hypothec of a landlord.

3

Sections 78, 85 and 86 are without prejudice to the right of any secured creditor which is preferable to the rights of the trustee.