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The Insolvency (Northern Ireland) Order 1989

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96.  In Article 88 (effect of bankruptcy or winding up on enforcement)—

(a)in paragraph (1)—

(i)after “paragraph (2)” insert “of this Article, Articles 106 and 258 of the Insolvency (Northern Ireland) Order 1989 (restrictions on proceedings and remedies)”;

(ii)for “Companies (Northern Ireland) Order 1986” substitute “Insolvency (Northern Ireland) Order 1989”;

(iii)in sub-paragraph (a) for the words from the beginning to “such bankruptcy” substitute “as against the official receiver or trustee of the bankrupt’s estate”;

(b)in paragraph (2)(a)—

(i)for “of the adjudication” substitute “on which the bankruptcy order is made”;

(ii)for “Companies (Northern Ireland) Order 1986” substitute “Insolvency (Northern Ireland) Order 1989”;

(c)in paragraph (2)(b)—

(i)in head (i) for “adjudication” substitute “making of the bankruptcy order” and for “filed” substitute “presented”;

(ii)in head (ii) for “an order of adjudication” substitute “a bankruptcy order”;

(d)in paragraph (3)—

(i)for “, the assignees in bankruptcy” substitute “and Article 90(3A), the official receiver”;

(ii)at the end insert “and, subject to paragraph (3A), that money and proceeds shall be comprised in the bankrupt’s estate”;

(e)after paragraph (3) insert—

(3A) The rights conferred by this Article on the official receiver, the trustee or the liquidator may, to such extent and on such terms as it thinks fit, be set aside by the High Court in favour of the creditor..

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