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Low Income, Low Assets - A new route into bankruptcy: Consultation on proposed regulations

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Annex D - Assets Excluded for Bankruptcy

Section 33 of the Bankruptcy (Scotland) Act 1985 specifies property which does not vest in a bankrupt debtor's trustee.

1. Any of the following things if they are kept outside the debtor's home:

(a) tools, books or other equipment which the debtor needs for work up to total value of £1,000;

(b) the debtor's car, if it is worth less than £1,000;

(c) tools used in the garden of the debtor's home;

(d) money - i.e. cash and cheques but not, e.g. rare banknotes.

2. Any of the following things needed by the debtor or a member of their household, if they are kept inside the debtor's home:

(a) clothes;

(b) work tools, books or other equipment, up to total value £1,000;

(c) medical equipment;

(d) educational books and equipment, up to a value £1,000;

(e) things needed for the care and upbringing of children;

(f) children's toys;

(g) beds and bedding;

(h) household linen;

(i) chairs or settees;

(j) tables;

(k) food;

(l) lights or light fittings;

(m) heating appliances;

(n) curtains;

(o) floor coverings;

(p) furniture, equipment or utensils used for storing, cooking or eating food;

(q) refrigerators;

(r) materials for cleaning clothes or the house;

(s) furniture for storing clothes, bedding, linen, cleaning stuff and cooking utensils;

(t) anything used for safety in the debtor's home;

(u) tools to maintain and repair the home and the things in it;

(v) computers and accessory equipment;

(w) microwave ovens;

(x) radios;

(y) telephones; and

(z) televisions.

3. Anything that a debtor holds in trust for somebody else.

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Page updated: Friday, March 30, 2007