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The relevant Section of the Insolvency
Act 1986 is Section 310 which states:-
"The court may, on the application of
the trustee, make an order ("an income payments order") claiming
for the bankrupt's estate so much of the income of the bankrupt
during the period for which the order is in force as may be
specified in the order."
"The court shall not make an income
payments order, the effect of which would be to reduce the
income of the bankrupt below what appears to the court to
be necessary for meeting the reasonable domestic needs of
the bankrupt and his family."
"An income payments order shall, in respect
of any payment of income to which it is to apply, either:-
- require the bankrupt to pay
the trustee an amount equal to so much of that payment as
is claimed by the order, or
- require the person making the
payment to pay so much of it as is so claimed to the trustee,
instead of to the bankrupt."
"Where the court makes an income payments
order it may, if it thinks fit, discharge or vary any attachment
of earnings order that is for the time being in force to secure
payments by the bankrupt."
"Sums received by the Trustee under an
income payments order form part of the bankrupt's estate."
"An income payments order shall not
be made after the discharge of the bankrupt and if made before,
shall not have effect after his discharge."
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