PART 5

Vesting etc.

Limitation on vesting

Limitation on vesting
88
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.
S. 88 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2