PART 1

Application or petition for sequestration

Applications and petitions

Further provisions relating to presentation of petitions
13
1
The petitioner is, on the day the petition for sequestration is presented under section 2, 5 or 6, to send a copy of the petition to AiB.
2
A petition for the sequestration of the estate of a debtor (other than a limited partnership or a deceased debtor) may be presented—
a
by a qualified creditor or qualified creditors only if the apparent insolvency founded on in the petition was constituted within 4 months before the date of presentation of the petition, or
b
at any time by—
i
a trustee acting under a trust deed,
ii
a temporary administrator, or
iii
a member State insolvency practitioner appointed in main proceedings.
3
A petition for the sequestration of the estate of a limited partnership may be presented—
a
by a qualified creditor or qualified creditors only if the apparent insolvency founded on in the petition was constituted within 4 months (or such other period as may be prescribed) before the date of presentation of the petition, or
b
at any time by—
i
a trustee acting under a trust deed,
ii
a temporary administrator, or
iii
a member State insolvency practitioner appointed in main proceedings.
4
A petition for the sequestration of the estate of a deceased debtor may be presented—
a
by a qualified creditor or qualified creditors—
i
in a case where the apparent insolvency of the debtor founded on in the petition was constituted within 4 months before the date of death, at any time, and
ii
in any other case (whether or not apparent insolvency has been constituted), not earlier than 6 months after the date of death, or
b
at any time by—
i
a person entitled to be appointed as executor of the estate,
ii
a trustee acting under a trust deed,
iii
a temporary administrator, or
iv
a member State insolvency practitioner appointed in main proceedings.
5
The presentation of a petition for sequestration bars the effect of any enactment or rule of law relating to the limitation of actions.
6
Where, before sequestration is awarded, it becomes apparent that a petitioning creditor was ineligible to petition, that person must withdraw, or as the case may be withdraw from, the petition; but another creditor may be sisted in that person's place.
S. 13 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2
Words in s. 13(2)(b)(iii) substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 4(7) (with reg. 9)
Words in s. 13(4)(b)(iv) substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 4(7) (with reg. 9)
Words in s. 13(3)(b)(iii) substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 4(7) (with reg. 9)