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Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008

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This is the original version (as it was originally made).

Applications

5.—(1) Except as otherwise provided, an application under the Act of 1985 shall be made in Form 5.

(2) An application under paragraph (1) which relates to a petition for sequestration shall be lodged in the bankruptcy process.

(3) An application under paragraph (1) which relates to an AIB sequestration shall contain–

(a)the date of the sequestration;

(b)the name and address of the trustee in the sequestration; and

(c)the name and address of any former or interim trustee.

(4) Where an application referred to in paragraph (3) is made by the debtor or the Accountant in Bankruptcy, there shall be lodged with the application a copy of the debtor application to which it relates.

(5) The sheriff may order intimation of an application under paragraph (1) to such person or persons as he deems appropriate.

(6) Where an application is unopposed it shall be granted by the sheriff in chambers without the attendance of parties, unless the sheriff otherwise directs.

(7) Where the sheriff requires to hear a party on an application, the sheriff clerk shall inform that party of the date on which the application will be heard.

(8) The sheriff may order such further procedure in relation to the hearing of an application under paragraph (1) as he considers appropriate.

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