Chapter 14 Self-test questions

. Applications to the court for an order for sale, brought by a third party who has an interest in the land, are brought under TOLATA 1996, s.14 and in determining the application the court must take into account the non-exhaustive list of factors in s.15(1).

True

False

. Following the decision in Shaire, the courts are much more likely to refuse to order sale on an application by a creditor under TOLATA than was the case under the previous law.

True

False

. On an application by a trustee in bankruptcy, in which of the following circumstances is the court likely to refuse to order sale, or postpone sale?

The bankrupt's children are in full-time education and the eldest is about to take her GCSE exams.

The bankrupt's spouse is terminally ill.

The application is made six months after the declaration of bankruptcy.

The application is made four years after the declaration of bankruptcy.

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