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Eileen Maclean
Eileen Maclean
Insolvency Support Services
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Scotland: members’ voluntary liquidation
Scotland: members’ voluntary liquidation
Practice notes

This Practice Note, produced in partnership with Tim Cooper of Addleshaw Goddard LLP and Eileen Maclean of Insolvency Support Services Limited, looks at members’ voluntary liquidations (MVLs) in Scotland including The Insolvency (Scotland) (Receivership and Winding up) Rules 2018.

Where a bankrupt jointly owns property with a cohabiting partner as their only home, but they are not married nor civil partners, do the provisions under section 283A of the Insolvency Act 1986 apply to the trustee’s realisation of the bankrupts interest in the property, or does the fact that they are not married/civil partners mean that the three-year ‘use it or lose it’ rule does not apply?
Where a bankrupt jointly owns property with a cohabiting partner as their only home, but they are not married nor civil partners, do the provisions under section 283A of the Insolvency Act 1986 apply to the trustee’s realisation of the bankrupts interest in the property, or does the fact that they are not married/civil partners mean that the three-year ‘use it or lose it’ rule does not apply?
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