PART 2

Sequestration: award and recall

Recall of sequestration

Petitions for recall of sequestration
29
1
A petition for recall of an award of sequestration may be presented to the sheriff by—
a
the debtor,
b
any creditor,
c
any other person having an interest (whether or not a person who was a petitioner for, or concurred in a debtor application for, the sequestration),
d
the trustee in the sequestration, or
e
AiB.
2
Such a petition may not be presented to the sheriff if the only ground is that the debtor has paid, or is able to pay, the debtor's debts in full.
3
Subsection (2) does not apply where—
a
sequestration was awarded following a petition of a qualified creditor or qualified creditors, and
b
a petition for recall of the award of sequestration includes the ground that the debtor was not apparently insolvent.
4
A copy of the petition, along with a notice stating that the recipient of the notice may lodge answers to the petition within 14 days after service of the notice, must be served by the petitioner on—
a
the debtor,
b
any person who was a petitioner for, or concurred in a debtor application for, the sequestration,
c
the trustee, and
d
AiB.
5
On service, under subsection (4), of a copy of the petition AiB must enter particulars of the petition in the register of insolvencies.
6
A petition under this section may be presented at any time.
7
But subsection (6) is subject to sections 114(3) and 115(3).
8
Notwithstanding that a petition has been presented under this section, the proceedings in the sequestration are to continue as if the petition had not been presented until the recall is granted.
9
But subsection (8) is subject to section 30(7).
10
Subsection (11) applies where a petitioner under this section, or a person who has lodged answers to the petition, withdraws or dies.
11
Any person—
a
entitled to present, or
b
entitled to lodge answers to,
a petition under this section may be sisted in place of the person who has withdrawn or died.
S. 29 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2