Article 11 Amendments to the Insolvency Rules (Northern Ireland) 1991 in relation to Parts 11 and 12

After Rule 11.01(2) (preliminary) insert –

“(3)

For the purposes of this Part, a member State liquidator appointed in relation to an insolvent is deemed to be a creditor.”.

In Rule 11.02(1) (notice of intended dividend) after “his intention to do so” substitute –

“(a)

to all creditors whose addresses are known to him and who have not proved their debts, and

(b)

where a member State liquidator has been appointed in relation to the insolvent, to that person.”.

After Rule 11.03(2) (final admission/rejection of proofs) insert –

“(3)

In the declaration of a dividend no payment shall be made more than once by virtue of the same debt.

(4)

Subject to Rule 11.11, where –

(a)

a creditor has proved, and

(b)

a member State liquidator has proved in relation to the same debt,

payment shall only be made to the creditor”.

In Rule 11.06(1) (notice of declaration) after “notice of the dividend to” substitute –

“(a)

all creditors who have proved their debts, and

(b)

where a member State liquidator has been appointed in relation to the insolvent, to that person.”.

After Rule 12.13(4) (service outside the jurisdiction) insert –

“(5)

Leave of the court is not required to serve anything referred to in this Rule on a member State liquidator.”.

After Rule 12.19(3) (right to have list of creditors) insert –

“(3A)

For the purpose of this Rule a member State liquidator appointed in main proceedings in relation to a person is deemed to be a creditor.”.