The Insolvency Rules (Northern Ireland) 1991

S.R. 1991/364 · Made 5 August 1991

INSOLVENCY

Made 5th August 1991

Coming into operation 1st October 1991

To be laid before Parliament

The Lord Chancellor, in exercise of the powers conferred on him by Article 359 of the Insolvency (Northern Ireland) Order 1989 ^f1 and section 19(3) of the Registration of Deeds Act (Northern Ireland) 1970 ^f2, with the concurrence of the Department of Economic Development and after consulting the committee existing for that purpose under Article 360.of the said Order, and with the concurrence of the Department of the Environment for Northern Ireland in the exercise of the powers conferred on him by section 19(3) of the said Act, hereby makes the following Rules:

Annotations to the whole text

Footnotes

f1: S.I. 1989/2405 (N.I. 19)
f2: 1970 c.25 (N.I.) as inserted by S.I. 1989/2405 (N.I. 19), Schedule 9, paragraph 79

Part: INTRODUCTORY PROVISIONS
0.1Citation and commencement
0.2Interpretation
0.3“Give notice”, etc.
0.4Notice, etc. to solicitors
0.5Notice to joint liquidators, joint trustees, etc.
0.6“Responsible insolvency practitioner”, etc.
0.7Application
COMPANY INSOLVENCY; COMPANIES WINDING UP
Part 1: COMPANY VOLUNTARY ARRANGEMENTS
Chapter 1: PRELIMINARY
1.01Scope of this Part; interpretation
Chapter 2: PROPOSAL BY DIRECTORS
1.02Preparation of proposal
1.03Contents of proposal
1.04Notice to intended nominee
1.05Statement of affairs
1.06Additional disclosure for assistance of nominee
1.07Nominee's report on the proposal
1.08Replacement of nominee
1.09Summoning of meetings under Article 16
Chapter 3: PROPOSAL BY ADMINISTRATOR OR LIQUIDATOR (HIMSELF THE NOMINEE)
1.10Preparation of proposal
1.11Summoning of meetings under Article 16
Chapter 4: PROPOSAL BY ADMINISTRATOR OR LIQUIDATOR (ANOTHER INSOLVENCY PRACTITIONER THE NOMINEE)
1.12Preparation of proposal and notice to nominee
Chapter 5: PROCEEDINGS ON A PROPOSAL MADE BY THE DIRECTORS, OR BY THE ADMINISTRATOR, OR BY THE LIQUIDATOR
1.13Summoning of meetings
1.14The chairman at meetings
1.15The chairman as proxy-holder
1.16Attendance by company officers
1.17Voting rights (creditors)
1.18Voting rights (members)
1.19Requisite majorities (creditors)
1.20Requisite majorities (members)
1.21Proceedings to obtain agreement on the proposal
1.22Resolutions to follow approval
1.23Hand-over of property, etc. to supervisor
1.24Report of meetings
1.25Revocation or suspension of the arrangement
1.26Supervisor's accounts and reports
1.27Production of accounts and records to the Department
1.28Costs
1.29Completion of the arrangement
Chapter 6: GENERAL
1.30False representations, etc.
Part 2: ADMINISTRATION PROCEDURE
Chapter 1: APPLICATION FOR, AND MAKING OF, THE ORDER
2.01Affidavit to support petition
2.02Independent report on company's affairs
2.03Contents of affidavit
2.04Form of petition
2.05Filing of petition
2.06Service of petition
2.07Notice to Enforcement of Judgments Office
2.08Manner in which service to be effected
2.09Proof of service
2.10The hearing
2.11Dismissal or withdrawal of petition
2.12Notice and advertisement of administration order
2.13Discharge of administration order
Chapter 2: STATEMENT OF AFFAIRS AND PROPOSALS TO CREDITORS
2.14Notice requiring statement of affairs
2.15Verification and filing
2.16Limited disclosure
2.17Release from duty to submit statement of affairs; extension of time
2.18Expenses of statement of affairs
2.19Statement to be annexed to proposals
2.20Notice to members of proposals to creditors
Chapter 3: CREDITORS' AND COMPANY MEETINGS
2.21Meeting to consider administrator's proposals
2.22Creditors' meetings generally
2.23The chairman at meetings
2.24Meeting requisitioned by creditors
2.25Entitlement to vote
2.26Admission and rejection of claims
2.27Secured creditors
2.28Holders of negotiable instruments
2.29Retention of title creditors
2.30Hire-purchase, conditional sale and chattel leasing agreements
2.31Resolutions and minutes
2.32Reports and notices under Articles 35 and 37
2.33Notices to creditors
2.34Venue and conduct of company meeting
Chapter 4: THE CREDITORS' COMMITTEE
2.35Constitution of committee
2.36Formalities of establishment
2.37Functions and meetings of the committee
2.38The chairman at meetings
2.39Quorum
2.40Committee-members' representatives
2.41Resignation
2.42Termination of membership
2.43Removal
2.44Vacancies
2.45Procedure at meetings
2.46Resolutions by post
2.47Information from administrator
2.48Expenses of members
2.49Members' dealings with the company
2.50Formal defects
Chapter 5: THE ADMINISTRATOR
2.51Fixing of remuneration
2.52Recourse to meeting of creditors
2.53Recourse to the court
2.54Creditors' claim that renumeration is excessive
2.55Disposal of charged property, etc.
2.56Abstract of receipts and payments
2.57Resignation
2.58Administrator deceased
2.59Order filling vacancy
Chapter 6: VAT BAD DEBT RELIEF
2.60Issue of certificate of insolvency
2.61Notice to creditors
2.62Preservation of certificate with company's records
Part 3: RECEIVERSHIP PROCEDURE
Chapter 1: PRELIMINARY
3.01Scope of this Part
Chapter 2: APPOINTMENT
3.02Acceptance and confirmation of acceptance of appointment
3.03Notice and advertisement of appointment
Chapter 3: STATEMENT OF AFFAIRS AND REPORT TO CREDITORS
3.04Notice requiring statement of affairs
3.05Verification and filing
3.06Limited disclosure
3.07Release from duty to submit statement of affairs; extension of time
3.08Expenses of statement of affairs
3.09Report to creditors
Chapter 4: CREDITORS' MEETING
3.10Procedure for summoning meeting under Article 58(2)
3.11The chairman at the meeting
3.12Voting rights
3.13Admission and rejection of claim
3.14Adjournment
3.15Resolutions and minutes
Chapter 5: THE CREDITORS' COMMITTEE
3.16Constitution of committee
3.17Formalities of establishment
3.18Functions and meetings of the committee
3.19The chairman at meetings
3.20Quorum
3.21Committee-members' representatives
3.22Resignation
3.23Termination of membership
3.24Removal
3.25Vacancies
3.26Procedure at meetings
3.27Resolutions by post
3.28Information from administrative receiver
3.29Expenses of members
3.30Members' dealings with the company
3.31Formal defects
Chapter 6: THE ADMINISTRATIVE RECEIVER (MISCELLANEOUS)
3.32Disposal of charged property
3.33Abstract of receipts and payments
3.34Resignation
3.35Receiver deceased
3.36Vacation of office
Chapter 7: VAT BAD DEBT RELIEF
3.37Issue of certificate of insolvency
3.38Notice to creditors
3.39Preservation of certificate with company's records
Part 4: COMPANIES WINDING UP
Chapter 1: THE SCHEME OF THIS PART
4.001Voluntary winding up; winding up by the court
4.002Winding up by the court: the various forms of petition
4.003Time-limits
Chapter 2: THE STATUTORY DEMAND
4.004Preliminary
4.005Form and content of statutory demand
4.006Information to be given in statutory demand
Chapter 3: PETITION TO WINDING-UP ORDER
4.007Presentation and filing of petition
4.008Service of petition
4.009Proof of service
4.010Other persons to receive copies of petition
4.011Notice and advertisement of petition
4.012Verification of petition
4.013Persons entitled to copy of petition
4.014Certificate of compliance
4.015Dismissal or withdrawal of petition
4.016Notice of appearance
4.017List of appearances
4.018Affidavit by company in opposition
4.019Substitution of creditor or contributory for petitioner
4.020Notice and settling of winding-up order
4.021Transmission and advertisement of order
4.022Expenses of voluntary arrangement
4.023Rescission of winding-up order or stay of proceedings
Chapter 4: PETITION BY CONTRIBUTORIES
4.024Presentation and service of petition
4.025Return of petition
4.026Application of Rules in Chapter 3
Chapter 5: PROVISIONAL LIQUIDATOR
4.027Appointment of provisional liquidator
4.028Notice of appointment
4.029Order of appointment
4.030Deposit
4.031Security
4.032Failure to give or keep up security
4.033Remuneration
4.034Termination of appointment
Chapter 6: STATEMENT OF AFFAIRS AND OTHER INFORMATION
4.035Notice requiring statement of affairs
4.036Verification and filing
4.037-CVLStatement of affairs
4.038-CVLCopy statement of affairs
4.039Limited disclosure
4.040Release from duty to submit statement of affairs; extension of time
4.041Expenses of statement of affairs
4.042-CVLExpenses of statement of affairs
4.043Submission of accounts
4.044-CVLSubmission of accounts
4.045-CVLExpenses of preparing accounts
4.046Further disclosure
Chapter 7: INFORMATION TO CREDITORS AND CONTRIBUTORIES
4.047Reports by official receiver
4.048Meaning of “creditors”
4.049Report where statement of affairs lodged
4.050Statement of affairs dispensed with
4.051General rule as to reporting
4.052Winding up stayed
4.053-CVLInformation to creditors and contributories
4.054Further information where liquidation follows administration
Chapter 8: MEETINGS OF CREDITORS AND CONTRIBUTORIES
4.055First meetings
4.056-CVLFirst meeting of creditors
4.057Business at first meetings in the liquidation
4.058-CVLBusiness at meeting under Article 81 or 84
4.059-CVLEffect of adjournment of company meeting
4.060-CVLReport by director, etc.
4.061General power to call meetings
4.062The chairman at meetings
4.063-CVLThe chairman at meetings
4.064Requisitioned meetings
4.065Attendance at meetings of company's personnel
4.066Notice of meetings by advertisement only
4.067Venue
4.068Expenses of summoning meetings
4.069-CVLExpenses of meeting under Article 84
4.070Resolutions
4.071Chairman of meeting as proxy-holder
4.072Suspension and adjournment
4.073Entitlement to vote (creditors)
4.074-CVLChairman's discretion to allow vote
4.075Entitlement to vote (contributories)
4.076Admission and rejection of proof (creditors' meeting)
4.077Record of proceedings
4.078Additional provisions as regards certain meetings
Chapter 9: PROOF OF DEBTS IN A LIQUIDATION
4.079Meaning of “prove”
4.080Supply of forms
4.081Contents of proof
4.082-CVLParticulars of creditor's claim
4.083Claim established by affidavit
4.084Cost of proving
4.085Liquidator to allow inspection of proofs
4.086Transmission of proofs to liquidator
4.087New liquidator appointed
4.088Admission and rejection of proofs for dividend
4.089Appeal against decision on proof
4.090Withdrawal or variation of proof
4.091Expunging of proof by the court
4.092Estimate of quantum
4.093Negotiable instruments, etc.
4.094Secured creditors
4.095Discounts
4.096Mutual credit and set-off
4.097Debt in foreign currency
4.098Payments of a periodical nature
4.099Interest
4.100Debt payable at future time
Chapter 10: SECURED CREDITORS
4.101Value of security
4.102Surrender for non-disclosure
4.103Redemption by liquidator
4.104Test of security's value
4.105Realisation of security by creditor
Chapter 11: THE LIQUIDATOR
4.106Appointment by creditors or contributories
4.107-CVLAppointment by creditors or by the company
4.108-CVLPower to fill vacancy in office of liquidator
4.109Appointment by the court
4.110-CVLAppointment by the court
4.111Appointment by Department
4.112Authentication of liquidator's appointment
4.113Appointment to be advertised and registered
4.114Hand-over of assets to liquidator
4.115Creditors' meeting to receive liquidator's resignation
4.116Action following acceptance of resignation
4.117-CVLAction following acceptance of resignation
4.118Leave to resign granted by the court
4.119Advertisement of resignation
4.120Meeting of creditors to remove liquidator
4.121-CVLMeeting of creditors to remove liquidator
4.122Court's power to regulate meetings under Rules 4.120, 4.121-CVL
4.123Procedure on removal
4.124-CVLProcedure on removal
4.125Advertisement of removal
4.126Removal of liquidator by the court
4.127-CVLRemoval of liquidator by the court
4.128Release of resigning or removed liquidator
4.129-CVLRelease of resigning or removed liquidator
4.130Removal of liquidator by Department
4.131Release of official receiver
4.132Final meeting
4.133-CVLFinal meeting
4.134Fixing of remuneration
4.135Other matters affecting remuneration
4.136Recourse of liquidator to meeting of creditors
4.137Recourse to the court
4.138Creditors' claim that remuneration is excessive
4.139Liquidator deceased
4.140-CVLLiquidator deceased
4.141Loss of qualification as insolvency practitioner
4.142-CVLLoss of qualification as insolvency practitioner
4.143-CVLVacation of office on making of winding-up order
4.144Notice to official receiver of intention to vacate office
4.145Liquidator's duties on vacating office
4.146Appointment by the company
4.147Appointment by the court
4.148Authentication of liquidator's appointment
4.149Company meeting to receive liquidator's resignation
4.150Removal of liquidator by the court
4.151Release of resigning or removed liquidator
4.152Liquidator deceased
4.153Loss of qualification as insolvency practitioner
4.154Vacation of office on making of winding-up order
4.155Liquidator's duties on vacating office
4.156Remuneration of liquidator in members' voluntary winding up
4.157Power of court to set aside certain transactions
4.158Rule against solicitation
Chapter 12: THE LIQUIDATION COMMITTEE
4.159Preliminary
4.160Membership of committee
4.161Formalities of establishment
4.162Committee established by contributories
4.163Obligations of liquidator to committee
4.164Meetings of the committee
4.165The chairman at meetings
4.166Quorum
4.167Committee-members' representatives
4.168Resignation
4.169Termination of membership
4.170Removal
4.171Vacancy (creditor members)
4.172Vacancy (contributory members)
4.173Voting rights and resolutions
4.174-CVLVoting rights and resolutions
4.175Resolutions by post
4.176Liquidator's reports
4.177Expenses of members, etc.
4.178Dealings by committee-members and others
4.179Composition of committee when creditors paid in full
4.180Committee's functions vested in Department
4.181Formal defects
Chapter 13: THE LIQUIDATION COMMITTEE WHERE WINDING UP FOLLOWS IMMEDIATELY ON ADMINISTRATION
4.182Preliminary
4.183Continuation of creditors' committee
4.184Membership of committee
4.185Liquidator's certificate
4.186Obligations of liquidator to committee
4.187Application of Chapter 12
Chapter 14: COLLECTION AND DISTRIBUTION OF COMPANY'S ASSETS BY LIQUIDATOR
4.188General duties of liquidator
4.189Manner of distributing assets
4.190Debts of insolvent company to rank equally
4.191Supplementary provisions as to dividend
4.192Distribution in members' voluntary winding up
4.193Division of unsold assets
4.194General powers of liquidator
4.195Enforced delivery up of company's property
4.196Final distribution
Chapter 15: DISCLAIMER
4.197Liquidator's notice of disclaimer
4.198Communication of disclaimer to persons interested
4.199Additional notices
4.200Duty to keep court informed
4.201Application by interested party under Article 152(4)
4.202Interest in property to be declared on request
4.203Disclaimer presumed valid and effective
4.204Application for exercise of court's powers under Article 155
Chapter 16: SETTLEMENT OF LIST OF CONTRIBUTORIES
4.205Preliminary
4.206Duty of liquidator to settle list
4.207Form of list
4.208Procedure for settling list
4.209Application to court for variation of the list
4.210Variation of, or addition to, the list
4.211Costs not to fall on official receiver
Chapter 17: CALLS
4.212Calls by liquidator
4.213Control by liquidation committee
4.214Application to court for leave to make a call
4.215Making and enforcement of the call
Chapter 18: SPECIAL MANAGER
4.216Appointment and remuneration
4.217Security
4.218Failure to give or keep up security
4.219Accounting
4.220Termination of appointment
Chapter 19: PUBLIC EXAMINATION OF COMPANY OFFICERS AND OTHERS
4.221Order for public examination
4.222Notice of hearing
4.223Order on request by creditors or contributories
4.224Witness unfit for examination
4.225Procedure at hearing
4.226Adjournment
4.227Expenses of examination
Chapter 20: ORDER OF PAYMENT OF COSTS OUT OF ASSETS
4.228General rule as to priority
4.229Winding up commencing as voluntary
4.230Saving for powers of the court
Chapter 21: MISCELLANEOUS RULES
(NO CVL APPLICATION)
4.231Application to court for order authorising return
4.232Procedure for return
4.233Statements to registrar under Article 162
4.234Department's directions under Articles 168, 169
4.235Procedure following appeal under Article 168(4) or 169(3)
Chapter 22: LEAVE TO ACT AS DIRECTOR, ETC. OF COMPANY WITH PROHIBITED NAME (ARTICLE 180)
4.236Preliminary
4.237Application for leave under Article 180(3)
4.238First excepted case
4.239Second excepted case
4.240Third excepted case
INSOLVENCY OF INDIVIDUALS; BANKRUPTCY
Part 5: INDIVIDUAL VOLUNTARY ARRANGEMENTS
Chapter 1: DEEDS OF ARRANGEMENT
5.01Service of application under Articles 221(3) or 224
Chapter 2: VOLUNTARY ARRANGEMENTS
5.02Introductory
5.03Preparation of proposal
5.04Contents of proposal
5.05Notice to intended nominee
5.06Application for interim order
5.07Hearing of the application
5.08Action to follow making of order
5.09Extension of operation of interim order
5.10Discharge of interim order
5.11Statement of affairs
5.12Additional disclosure for assistance of nominee
5.13Nominee's report on the proposal
5.14Replacement of nominee
5.15Consideration of nominee's report
5.16Summoning of creditors' meeting
5.17Creditors' meeting: supplementary
5.18The chairman at the meeting
5.19The chairman as proxy-holder
5.20Voting rights
5.21Requisite majorities
5.22Proceedings to obtain agreement on the proposal
5.23Resolutions to follow approval
5.24Hand-over of property, etc. to supervisor
5.25Report of creditors' meeting
5.26Register of voluntary arrangements
5.27Reports to Department
5.28Revocation or suspension of the voluntary arrangement
5.29Supervisor's accounts and reports
5.30Production of accounts and records to Department
5.31Costs
5.32Completion of the arrangement
5.33False representations, etc.
Part 6: BANKRUPTCY
Chapter 1: THE STATUTORY DEMAND
6.001Form and content of statutory demand
6.002Information to be given in statutory demand
6.003Requirements as to service
6.004Application to set aside statutory demand
6.005Hearing of application to set aside
Chapter 2: BANKRUPTCY PETITION (OTHER THAN DEBTOR'S)
6.006Preliminary
6.007Identification of debtor
6.008-CPIdentification of debt
6.009Procedure for presentation and filing
6.010-CPProof of service of statutory demand
6.011Verification of petition
6.012Notice and registration of petition
6.013Service of petition
6.014Proof of service
6.015Death of debtor before service
6.016-CPSecurity for costs (Article 242(2) only)
6.017Hearing of petition
6.018Petition opposed by debtor
6.019Amendment of petition
6.020Notice by creditors intending to appear
6.021List of appearances
6.022Decision on the hearing
6.023-CPNon-appearance of petitioning creditor
6.024Dismissal or withdrawal of petition or stay of proceedings
6.025Extension of time for hearing
6.026Adjournment
6.027Substitution of petitioner
6.028-CPChange of carriage of petition
6.029Petitioner seeking dismissal or leave to withdraw
6.030Settlement, content and certification of bankruptcy order
6.031Action to follow making of order
6.032Amendment of title of proceedings
6.033-CPOld debtor's summonses
Chapter 3: BANKRUPTCY PETITION (DEBTOR'S)
6.034Preliminary
6.035Identification of debtor
6.036Admission of insolvency
6.037Statement of affairs
6.038Procedure for presentation and filing
6.039Notice and registration of petition
6.040Dismissal or withdrawal of petition or stay of proceedings
6.041Report of insolvency practitioner
6.042Settlement, content and certification of bankruptcy order
6.043Action to follow making of order
6.044Expenses of voluntary arrangement
6.045Amendment of title of proceedings
6.046Certificate for summary administration
6.047Duty of official receiver in summary administration
6.048Revocation of certificate for summary administration
Chapter 4: THE INTERIM RECEIVER
6.049Application for appointment of interim receiver
6.050Order of appointment
6.051Deposit
6.052Security
6.053Failure to give or keep up security
6.054Remuneration
6.055Termination of appointment
Chapter 5: DISCLOSURE BY BANKRUPT WITH RESPECT TO THE STATE OF HIS AFFAIRS
6.056Preliminary
6.057The statement of affairs
6.058Verification and filing
6.059Limited disclosure
6.060Release from duty to submit statement of affairs; extension of time
6.061Expenses of statement of affairs
6.062Requirement to submit accounts
6.063Submission and filing of accounts
6.064Further disclosure
6.065Preliminary
6.066Contents of statement
6.067Requirement to submit accounts
6.068Submission and filing of accounts
6.069Expenses of preparing accounts
6.070Further disclosure
Chapter 6: INFORMATION TO CREDITORS
6.071General duty of official receiver
6.072Those entitled to be informed
6.073Report where statement of affairs lodged
6.074Statement of affairs dispensed with
6.075General rule as to reporting
6.076Bankruptcy order annulled
Chapter 7: CREDITORS' MEETINGS
6.077First meeting of creditors
6.078Business at first meeting
6.079General power to call meetings
6.080The chairman at a meeting
6.081Requisitioned meetings
6.082Attendance at meetings of bankrupt, etc.
6.083Notice of meetings by advertisement only
6.084Venue of meetings
6.085Expenses of summoning meetings
6.086Resolutions
6.087Chairman of meeting as proxy-holder
6.088Suspension of meeting
6.089Adjournment
6.090Entitlement to vote
6.091Admission and rejection of proof
6.092Record of proceedings
6.093Bankruptcy on petition under Article 238 (1)(d)
Chapter 8: PROOF OF BANKRUPTCY DEBTS
6.094Meaning of “prove”
6.095Supply of forms
6.096Contents of proof
6.097Claim established by affidavit
6.098Cost of proving
6.099Trustee to allow inspection of proofs
6.100Transmission of proofs to trustee
6.101Admission and rejection of proofs for dividend
6.102Appeal against decision on proof
6.103Withdrawal or variation of proof
6.104Expunging of proof by the court
6.105Negotiable instruments, etc.
6.106Secured creditors
6.107Discounts
6.108Debt in foreign currency
6.109Payments of a periodical nature
6.110Interest
6.111Debt payable at future time
Chapter 9: SECURED CREDITORS
6.112Value of security
6.113Surrender for non-disclosure
6.114Redemption by trustee
6.115Test of security's value
6.116Realisation of security by creditor
Chapter 10: THE TRUSTEE IN BANKRUPTCY
6.117Appointment by creditors' meeting
6.118Appointment by the court
6.119Appointment by Department
6.120Authentication of trustee's appointment
6.121Advertisement of appointment
6.122Hand-over of estate to trustee
6.123Creditors' meeting to receive trustee's resignation
6.124Action following acceptance of resignation
6.125Leave to resign granted by the court
6.126Meeting of creditors to remove trustee
6.127Court's power to regulate meeting under Rule 6.126
6.128Procedure on removal
6.129Removal of trustee by the court
6.130Removal of trustee by Department
6.131Advertisement of resignation or removal
6.132Release of resigning or removed trustee
6.133Release of official receiver
6.134Final meeting of creditors
6.135Fixing of remuneration
6.136Other matters affecting remuneration
6.137Recourse of trustee to meeting of creditors
6.138Recourse to the court
6.139Creditor's claim that remuneration is excessive
6.140Trustee deceased
6.141Loss of qualification as insolvency practitioner
6.142Notice to official receiver of intention to vacate office
6.143Trustee's duties on vacating office
6.144Power of court to set aside certain transactions
6.145Rule against solicitation
6.146Enforcement of trustee's obligations to official receiver
Chapter 11: THE CREDITORS' COMMITTEE
6.147Membership of creditors' committee
6.148Formalities of establishment
6.149Obligations of trustee to committee
6.150Meetings of the committee
6.151The chairman at meetings
6.152Quorum
6.153Committee-members' representatives
6.154Resignation
6.155Termination of membership
6.156Removal
6.157Vacancies
6.158Voting rights and resolutions
6.159Resolutions by post
6.160Trustee's reports
6.161Expenses of members, etc.
6.162Dealings by committee-members and others
6.163Committee's functions vested in Department
Chapter 12: SPECIAL MANAGER
6.164Appointment and remuneration
6.165Security
6.166Failure to give or keep up security
6.167Accounting
6.168Termination of appointment
Chapter 13: PUBLIC EXAMINATION OF BANKRUPT
6.169Order for public examination
6.170Order on request by creditors
6.171Bankrupt unfit for examination
6.172Procedure at hearing
6.173Adjournment
6.174Expenses of examination
Chapter 14: DISCLAIMER
6.175Trustee's notice of disclaimer
6.176Communication of disclaimer to persons interested
6.177Additional notices
6.178Duty to keep court informed
6.179Application for leave to disclaim
6.180Application by interested party under Article 289
6.181Interest in property to be declared on request
6.182Disclaimer presumed valid and effective
6.183Application for exercise of court's powers under Article 293
Chapter 15: REPLACEMENT OF EXEMPT PROPERTY
6.184Purchase of replacement property
6.185Money provided in lieu of sale
Chapter 16: INCOME PAYMENTS ORDERS
6.186Application for order
6.187Action to follow making of order
6.188Variation of order
6.189Order to payor of income: administration
6.190Review of order
Chapter 17: ACTION BY COURT UNDER ARTICLE 340 ORDER TO INLAND REVENUE OFFICIAL
6.191Application for order
6.192Making and service of the order
6.193Custody of documents
Chapter 18: MORTGAGED PROPERTY
6.194Claim by mortgagee of land
6.195Power of court to order sale
6.196Proceeds of sale
Chapter 19: AFTER-ACQUIRED PROPERTY OR INCREASED INCOME
6.197Duties of bankrupt in respect of after-acquired property or increased income
6.198Trustee's recourse to disponee of property
6.199Expenses of getting in property for the estate
Chapter 20: LEAVE TO ACT AS DIRECTOR, ETC.
6.200Application for leave
6.201Report of official receiver
6.202Court's order on application
Chapter 21: ANNULMENT OF BANKRUPTCY ORDER
6.203Application for annulment
6.204Report by trustee
6.205Power of court to stay proceedings
6.206Notice to creditors who have not proved
6.207The hearing
6.208Matters to be proved under Article 256(1)(b)
6.209Notice to creditors
6.210Annulment under Article 235 or 256(3)(a)
6.211Other matters arising on annulment
6.212Trustee's final account
Chapter 22: DISCHARGE
6.213Application for suspension of discharge
6.214Lifting of suspension of discharge
6.215Application by bankrupt for discharge
6.216Report of official receiver
6.217Order of discharge on application
6.218Certificate of discharge
6.219Deferment of issue and advertisement of order pending appeal
6.220Costs under this Chapter
6.221Bankrupt's debts surviving discharge
Chapter 23: ORDER OF PAYMENT OF COSTS OUT OF ESTATE
6.222General rule as to priority
Chapter 24: SECOND BANKRUPTCY
6.223Scope of this Chapter
6.224General duty of existing trustee
6.225Delivery up to later trustee
6.226Existing trustee's expenses
Chapter 25: MISCELLANEOUS RULES IN BANKRUPTCY
6.227Rescission of bankruptcy order against solicitor
6.228Consolidation of petitions
6.229Bankrupt's dwelling-house and home
6.230Bankrupt leaving Northern Ireland
Part 7: COURT PROCEDURE AND PRACTICE
Chapter 1: GENERAL PROCEDURE
7.01Heading and title of proceedings
7.02Court and chambers
7.03Judge and Master
7.04Transfer of certain proceedings
Chapter 2: APPLICATIONS
7.05Preliminary
7.06Interpretation
7.07Form and contents of application
7.08Filing and service of application
7.09Other hearings ex parte
7.10Use of affidavit evidence
7.11Filing and service of affidavits
7.12Use of reports
7.13Adjournment of hearing; directions
Chapter 3: SHORTHAND WRITERS
7.14Nomination and appointment of shorthand writers
7.15Cost of shorthand note
7.16Remuneration
7.17Mechanical recording
Chapter 4: ENFORCEMENT PROCEDURES
7.18Meaning of “property”
7.19Enforcement of court orders
7.20Orders enforcing compliance with the Order
7.21Warrants under Article 114 or 335
7.22Warrants under Article 200 or 337
7.23Warrants under Article 336
Chapter 5: COURT RECORDS AND RETURNS
7.24Court records
7.25Inspection of records
7.26File of court proceedings
7.27Right to inspect the file
7.28Filing of Gazette notices and advertisements
Chapter 6: COSTS AND TAXATION
7.29Application of Supreme Court Rules
7.30Requirement to tax costs
7.31Measurement of remuneration by Taxing Master
7.32Procedure where taxation required
7.33Petitions presented by insolvents
7.34Costs paid otherwise than out of the insolvent estate
7.35Award of costs against official receiver or responsible insolvency practitioner
7.36Applications for costs
7.37Costs and expenses of witnesses
Chapter 7: PERSONS INCAPABLE OF MANAGING THEIR AFFAIRS
7.38Introductory
7.39Appointment of another person to act
7.40Affidavit in support of application
7.41Service of notices following appointment
Chapter 8: APPEALS IN INSOLVENCY PROCEEDINGS
7.42Appeals from Master
7.43Appeals in bankruptcy
7.44Appeal against decision of Department or official receiver
Chapter 9: GENERAL
7.45Principal court rules and practice to apply
7.46Right of audience
7.47Right of attendance (company insolvency)
7.48Responsible insolvency practitioner's solicitor
7.49Drawing up and filing of orders
7.50Formal defects
7.51Restriction on concurrent proceedings and remedies
7.52Affidavits
7.53Security in court
7.54Discovery
7.55Office copies of documents
Part 8: PROXIES AND COMPANY REPRESENTATION
8.1Definition of “proxy”
8.2Issue and use of forms
8.3Use of proxies at meetings
8.4Retention of proxies
8.5Right of inspection
8.6Proxy-holder with financial interest
8.7Company representation
Part 9: EXAMINATION OF PERSONS CONCERNED IN COMPANY AND INDIVIDUAL INSOLVENCY
9.1Preliminary
9.2Form and contents of application
9.3Order for examination, etc.
9.4Procedure for examination
9.5Record of examination
9.6Costs of proceedings under Articles 200 and 337
Part 10: OFFICIAL RECEIVERS
10.1Appointment of official receivers
10.2Persons entitled to act on official receiver's behalf
10.3Application for directions
10.4Official receiver's expenses
Part 11: DECLARATION AND PAYMENT OF DIVIDEND (WINDING UP AND BANKRUPTCY)
11.01Preliminary
11.02Notice of intended dividend
11.03Final admission/rejection of proofs
11.04Postponement or cancellation of dividend
11.05Decision to declare dividend
11.06Notice of declaration
11.07Notice of no, or no further, dividend
11.08Proof altered after payment of dividend
11.09Secured creditors
11.10Disqualification from dividend
11.11Assignment of right to dividend
11.12Preferential creditors
11.13Debt payable at future time
Part 12: MISCELLANEOUS AND GENERAL
12.01Power of Department to regulate certain matters
12.02Costs
12.03Provable debts
12.04Notices
12.05Quorum at meeting of creditors or contributories
12.06Evidence of proceedings at meetings
12.07Documents issuing from Department
12.08Forms for use in insolvency proceedings
12.09Insolvency practitioner's security
12.10Time
12.11Service by post
12.12General provisions as to service
12.13Service outside the jurisdiction
12.14Confidentiality of documents
12.15Notices sent simultaneously to the same person
12.16Right to copy documents
12.17Charge for copy documents
12.18Non-receipt of notice of meeting
12.19Right to have list of creditors
12.20False claim of status as creditor, etc.
12.21The Gazette
12.22Punishment of offences
Signature
Schedule 1: DEPOSIT PROTECTION BOARD'S VOTING RIGHTS
1Paragraph 1
2Paragraph 2
3Paragraph 3
4Paragraph 4
5Paragraph 5
6Paragraph 6
Schedule 2FORMS
Schedule 3PUNISHMENT OF OFFENCES UNDER THE RULES
Explanatory note

The Insolvency Rules (Northern Ireland) 1991

Annotations to the whole text

Footnotes

Contents