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(1)The petitioner is, on the day the petition for sequestration is presented under section 2, 5 or 6, to send a copy of the petition to AiB.
(2)A petition for the sequestration of the estate of a debtor (other than a limited partnership or a deceased debtor) may be presented—
(a)by a qualified creditor or qualified creditors only if the apparent insolvency founded on in the petition was constituted within 4 months before the date of presentation of the petition, or
(b)at any time by—
(i)a trustee acting under a trust deed,
(ii)a temporary administrator, or
(iii)a member State [F1insolvency practitioner] appointed in main proceedings.
(3)A petition for the sequestration of the estate of a limited partnership may be presented—
(a)by a qualified creditor or qualified creditors only if the apparent insolvency founded on in the petition was constituted within 4 months (or such other period as may be prescribed) before the date of presentation of the petition, or
(b)at any time by—
(i)a trustee acting under a trust deed,
(ii)a temporary administrator, or
(iii)a member State [F2insolvency practitioner] appointed in main proceedings.
(4)A petition for the sequestration of the estate of a deceased debtor may be presented—
(a)by a qualified creditor or qualified creditors—
(i)in a case where the apparent insolvency of the debtor founded on in the petition was constituted within 4 months before the date of death, at any time, and
(ii)in any other case (whether or not apparent insolvency has been constituted), not earlier than 6 months after the date of death, or
(b)at any time by—
(i)a person entitled to be appointed as executor of the estate,
(ii)a trustee acting under a trust deed,
(iii)a temporary administrator, or
(iv)a member State [F3insolvency practitioner] appointed in main proceedings.
(5)The presentation of a petition for sequestration bars the effect of any enactment or rule of law relating to the limitation of actions.
(6)Where, before sequestration is awarded, it becomes apparent that a petitioning creditor was ineligible to petition, that person must withdraw, or as the case may be withdraw from, the petition; but another creditor may be sisted in that person's place.
Textual Amendments
F1Words in s. 13(2)(b)(iii) substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 4(7) (with reg. 9)
F2Words in s. 13(3)(b)(iii) substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 4(7) (with reg. 9)
F3Words in s. 13(4)(b)(iv) substituted (26.6.2017) by The Insolvency (Regulation (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/210), regs. 1, 4(7) (with reg. 9)
Commencement Information
I1S. 13 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2