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6.033-CP.—(1) Subject to paragraphs (2) and (3), a person who has before the appointed day served a debtor's summons under the Bankruptcy (Ireland) Amendment Act 1872(1) may, on or after that day, proceed on the summons as if it were a statutory demand duly served under Chapter 1.
(2) The conditions of the application of this Rule are that—
(a)the debt in respect of which the debtor's summons was served has not been paid, secured or compounded for in the terms of the debtor's summons and the Bankruptcy (Ireland) Amendment Act 1872;
(b)the date by which compliance with the debtor's summons was required was not more than 6 months before the date of presentation of the petition; and
(c)there has not, before the appointed day, been presented any bankruptcy petition with reference to an act of bankruptcy arising from non-compliance with the debtor's summons.
(3) If before, on or after the appointed day, application is made (under the Bankruptcy (Ireland) Amendment Act 1872) to dismiss the debtor's summons, that application is to be treated, on and after that day, as an application duly made (on the date on which it was in fact made) to set aside a statutory demand duly served on the date on which the debtor's summons was in fact served.
(4) In this Rule, “appointed day” means the day appointed under Article 1(2) by the Head of the Department for the coming into operation of Article 242.
[E.R.6.36]
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