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Insolvency Act  1986

correct - now explain it

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The issue is that Bill has become bankrupt and is not contributing to the mortgage, leaving Celia to pay for it herself. Celia is worried they may lose the family home. The children will be affected by this.

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S.335A Insolvency Act: Celia as the non-bankrupt co-owner may be given temporarily ability to remain in her home.

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S.15 TOLATA, the court will take into account the children who live in the family home and how the selling of the house will affect them.

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Fred Perry Holdings LTD v Genis- house can be sold to make up for any money lost from commercial interests

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S.337 Insolvency Act - provides protection and needs of children.

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Did Anthony have the right to leave his children his share of the house or does Cleopatra own the whole property through survivorship. 

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Did Anthony have the right to leave his children his share of the house or does Cleopatra own the whole property through survivorship. 

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Issue 1a: Whether the severance of joint tenancy has been finalised between Anthony and Cleopatra

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Issue 1a: Whether the severance of joint tenancy has been finalised between Anthony and Cleopatra

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Issue 1b: Whether Anthony's sons hold any proprietary interest in the land

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Issue 1b: Whether Anthony's sons hold any proprietary interest in the land

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dispute resolution regarding land held on trust (co-ownership) - can bank fet court order to sell property to recover their money, or will Celia and children's interests be considered (and bank may postpone the sale)?

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dispute resolution regarding land held on trust (co-ownership) - can bank fet court order to sell property to recover their money, or will Celia and children's interests be considered (and bank may postpone the sale)?

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Once the court has considered the relevant factors, Celia and the children may be granted temporary protection to stay in the home but it will only last around a year (ss 337 + 335A Insolvency Act)