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The Insolvency (Northern Ireland) Order 1989

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This is the original version (as it was originally made).

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253.—(1) Subject to paragraph (2), a bankrupt is discharged from bankruptcy—

(a)in the case of an individual who had been an undischarged bankrupt at any time within the 15 years immediately preceding the commencement of the bankruptcy, by an order of the High Court under Article 254; and

(b)in the case of an individual who is a solicitor and who is not an individual to whom sub-paragraph (a) applies, by an order of the Court under Article 254; and

(c)in any other case, by the expiration of the relevant period under this Article.

(2) That period is as follows—

(a)where a certificate for the summary administration of the bankrupt’s estate has been issued and is not revoked before the bankrupt’s discharge, the period of 2 years from the commencement of the bankruptcy, and

(b)in any other case, the period of 3 years from the commencement of the bankruptcy.

(3) Where the High Court is satisfied on the application of the official receiver that an undischarged bankrupt in relation to whom paragraph (1)(c) applies has failed or is failing to comply with any of his obligations under this Part, the Court may order that the relevant period under this Article shall cease to run for such period, or until the fulfilment of such conditions (including a condition requiring the Court to be satisfied as to any matter), as may be specified in the order.

(4) This Article is without prejudice to any power of the High Court to annul a bankruptcy order.

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