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The Insolvency (Northern Ireland) Order 1989

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This is the original version (as it was originally made).

Interpretation

9.—(1) In Parts VIII to X—

“bankrupt” means an individual who has been adjudged bankrupt and, in relation to a bankruptcy order, it means the individual adjudged bankrupt by that order;

“bankruptcy debt”, in relation to a bankrupt, means (subject to Article 2(3)) any of the following—

(a)

any debt or liability to which he is subject at the commencement of the bankruptcy,

(b)

any debt or liability to which he may become subject after the commencement of the bankruptcy (including after his discharge from bankruptcy) by reason of any obligation incurred before the commencement of the bankruptcy, and

(c)

any interest provable as mentioned in Article 295(2);

and “debt” shall be construed accordingly;

“bankruptcy order” means an order adjudging an individual bankrupt;

“bankruptcy petition” means a petition to the High Court for a bankruptcy order;

“creditor”—

(a)

in relation to a bankrupt, means a person to whom any of the bankruptcy debts is owed, and

(b)

in relation to an individual to whom a bankruptcy petition relates, means a person who would be a creditor in the bankruptcy if a bankruptcy order were made on that petition;

“creditors generally” includes all creditors who may assent to, or take the benefit of, a deed of arrangement;

“creditor’s petition” means a bankruptcy petition under Article 238(1)(a);

“the debtor”—

(a)

in relation to a proposal for the purposes of Part VIII, means the individual making or intending to make that proposal, and

(b)

in relation to a bankruptcy petition, means the individual to whom the petition relates;

“debtor’s petition” means a bankruptcy petition presented by the debtor himself under Article 238(1)(b);

“deed of arrangement”, except in Article 343(1)(c), means a deed of arrangement as defined in Article 209;

“dwelling house” includes any building or part of a building which is occupied as a dwelling and any yard, garden, garage or outhouse belonging to the dwelling house and occupied with it;

“family” in relation to a bankrupt, means the persons (if any) who are living with him and are dependent on him;

“interim order” means an order under Article 226;

“nominee” means a person acting as defined in Article 227(2);

“the registrar” means the registrar appointed under Article 210(1);

“the trustee” in relation to a bankruptcy and the bankrupt, means the trustee of the bankrupt’s estate;

“voluntary arrangement” means an arrangement as defined in Article 227(1).

(2) References in Parts VIII to X to a person’s affairs include his business, if any.

(3) In Chapter I of Part VIII references to the registrar include an officer of the Department appointed under Article 210(2) to act as his deputy.

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