Nothing occurring in the initial period of the bankruptcy (that is to say, the period beginning with the day of the making of the bankruptcy application or (as the case may be) the presentation of the bankruptcy petition and ending with the vesting of the bankrupt's estate in a trustee) is to be taken as having given rise to any home rights under Part IV of the Family Law Act 1996 in relation to a dwelling house comprised in the bankrupt's estate.
Where a spouse's or civil partner's home rightsunder the Act of 1996 are a charge on the estate or interest of the other spouse or civil partner, or of trustees for the other spouse or civil partner, and the other spouse or civil partner is made bankrupt—
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On such an application as is mentioned in subsection (2) . . . the court shall make such order under section 33 of the Act of 1996. . . as it thinks just and reasonable having regard to—
Where such an application is made after the end of the period of one year beginning with the first vesting under Chapter IV of this Part of the bankrupt's estate in a trustee, the court shall assume, unless the circumstances of the case are exceptional, that the interests of the bankrupt's creditors outweigh all other considerations.