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Section 308 of the Insolvency Act 1986 (vesting
in Trustee of certain items in excess value)
(1) Subject to the next section, (time
limited for notice) where-
(a) property is excluded by virtue of
Section 283 (2) (tools of trade, household effects, etc) from
the bankrupt's estate, and
(b) it appears to the Trustee that the
realisable value of the whole or any part of that property
exceeds the cost of a reasonable replacement for that property
or that part of it,
The trustee may by notice in writing
claim that property or, as the case may be, that part of it
for the bankrupts estate.
(2) Upon the service on the bankrupt
of a notice under this section, the property to which the
notice relates vests in the trustee as part of the bankrupt's
estate; and, except against a purchaser in good faith, for
value and without notice of the bankruptcy, the trustee's
title to that property has relation back to the commencement
of the bankruptcy.
(3) The Trustee shall apply funds comprised
in the estate to the purchase by or on behalf of the bankrupt
of a reasonable replacement for any property vested in the
trustee under this section; and the duty imposed by this subsection
has priority over the obligation of the trustee to distribute
the estate.
(4) For the purposes of this section,
property is a reasonable replacement for other property if
it is reasonably adequate for meeting the needs met by the
other property.
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