The Insolvency Rules (Northern Ireland) 1991

Decision on the hearing

6.022.—(1) On the hearing of the petition, the court may make a bankruptcy order if satisfied that the statements in the petition are true and, where it is founded on a debt, that Article 245(1) has been complied with.

(2-CP) The court may accept as proof that the debt in respect of which a creditor's petition was presented has not been paid or secured or compounded for a certificate signed by the person representing the petitioning creditor at the hearing.[FORM 6.22]

(3-CP) If the petition is presented in respect of a judgment debt, or a sum ordered by any court to be paid, the court may stay or dismiss the petition on the ground that an appeal is pending from the judgment or order, or that execution of the judgment has been stayed.[FORM 6.24]

(4-CP) A petition preceded by a statutory demand shall not be dismissed on the ground only that the amount of the debt was over-stated in the demand, unless the debtor, within the time allowed for complying with the demand, gave notice to the creditor disputing the validity of the demand on that ground; but, in the absence of such notice, the debtor is deemed to have complied with the demand if he has, within the time allowed, paid the correct amount.

[E.R.6.25]