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The Insolvency Rules (Northern Ireland) 1991
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Application by interested party under Article 289
6.180.—(1) Paragraphs (2) to (4) apply where, in the case of any property, application is made to the trustee by an interested party under Article 289 (request for decision whether the property is to be disclaimed or not).
(2) The application—
(a)shall be delivered to the trustee personally or by registered post, and
(b)shall be made in the form known as “notice to elect”, or a substantially similar form.[FORM 6.65]
(3) Paragraph (4) applies in a case where the property concerned cannot be disclaimed by the trustee without the leave of the court.
(4) If within the period of 28 days mentioned in Article 289(1) the trustee applies to the court for leave to disclaim, the court shall extend the time allowed by that Article for giving notice of disclaimer to a date not earlier than the date fixed for the hearing of the application.
[E.R.6.183]
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