Article 5 I1
England and Wales
If a debtor dies after making a bankruptcy application, the proceedings will continue as if the deceased debtor were alive, with the modifications specified in Schedule 2 to this Order.
If a debtor F2... against whom a bankruptcy petition has been presented dies, the proceedings in the matter shall, unless the court otherwise orders, be continued as if he were alive, with the modifications specified in Schedule 2 to this Order.
The reasonable funeral and testamentary expenses have priority over the preferential debts listed in Schedule 6 to the Act.
If a debtor dies after presentation of a bankruptcy petition but before service, the court may order service to be effected on his personal representative or such other person as it thinks fit.
Annotations
Textual amendments
- F1
Art. 5(A1) inserted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 2(4)(a)
- F2
Words in art. 5(1) omitted (6.4.2016) by virtue of The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 2(4)(b)