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The Insolvency Rules (Northern Ireland) 1991

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Statement of affairs

5.11.—(1) In Case 1, if the debtor has already delivered a statement of affairs under Article 246 (debtor's petition) or 261 (petition other than debtor's), he need not deliver a further statement unless so required by the nominee, with a view to supplementing or amplifying the former one.

(2) In Case 2, the debtor shall, within 7 days after his proposal is delivered to the nominee, or within such longer time as the latter may allow, deliver to the nominee a statement of his (the debtor's) affairs.

(3) The statement shall comprise the following particulars (supplementing or amplifying, so far as is necessary for clarifying the state of the debtor's affairs, those already given in his proposal)—

(a)a list of his assets divided into such categories as are appropriate for easy identification, with estimated values assigned to each category;

(b)in the case of any property on which a claim against the debtor is wholly or partly secured, particulars of the claim and its amount, and of how and when the security was created;

(c)the names and addresses of the debtor's preferential creditors (defined in Article 232(9)), with the amounts of their respective claims;

(d)the names and addresses of the debtor's unsecured creditors, with the amounts of their respective claims;

(e)particulars of any debts owed by or to the debtor to or by persons who are associates of his;

(f)such other particulars (if any) as the nominee may in writing require to be furnished for the purposes of making his report to the court on the debtor's proposal.

(4) Subject to paragraph 5, the statement of affairs shall be made up to a date not earlier than 2 weeks before the date of the notice to the nominee under Rule 5.05.

(5) The nominee may allow an extension of that period to the nearest practicable date (not earlier than 2 months before the date of the notice under Rule 5.05); and if he does so, he shall give his reasons in his report to the court on the debtor's proposal.

(6) The statement shall be certified by the debtor as correct, to the best of his knowledge and belief.

[E.R.5.8]

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