C1 PART IXBANKRUPTCY
CHAPTER IBANKRUPTCY PETITIONS; BANKRUPTCY ORDERS
Preliminary
Who may present a bankruptcy petition238
1
A petition for a bankruptcy order (a bankruptcy petition) to be made against an individual may be presented to the High Court in accordance with the following provisions of this Part—
a
by one of the individual's creditors or jointly by more than one of them,
b
by the individual himself,
F7bb
by an insolvency practitioner (within the meaning of Article 2(5) of the EU Regulation) appointed in proceedings by virtue of Article 3(1) of the EU Regulation
c
by the supervisor of, or any person (other than the individual) who is for the time being bound by, a voluntary arrangement proposed by the individual and approved under Part VIII,F3. . .
d
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Subject to those provisions, the High Court may make a bankruptcy order on any such petition.
Conditions to be satisfied in respect of debtor239
1
A bankruptcy petition shall not be presented to the High Court under Article 238(1)(a) or (b) unless the debtor—
a
is domiciled in Northern Ireland,
b
is personally present in Northern Ireland on the day on which the petition is presented, or
c
at any time in the 3 years immediately preceding that day—
i
has been ordinarily resident, or has had a place of residence, in Northern Ireland, or
ii
has carried on business in Northern Ireland.
2
The reference in paragraph (1)(c) to an individual carrying on business includes—
a
the carrying on of business by a firm or partnership of which the individual is a member, and
b
the carrying on of business by an agent or manager for the individual or for such a firm or partnership.
Other preliminary conditions240
1
Where a bankruptcy petition relating to an individual is presented by a person who is entitled to present a petition under 2 or more sub‐paragraphs of Article 238(1), the petition is to be treated for the purposes of this Part as a petition under such one of those sub‐paragraphs as may be specified in the petition.
2
A bankruptcy petition shall not be withdrawn without the leave of the High Court.
3
The High Court may, if it appears to it appropriate to do so on the grounds that there has been a contravention of the rules or for any other reason, dismiss a bankruptcy petition or stay proceedings on such a petition; and, where it stays proceedings on a petition, it may do so on such terms and conditions as it thinks fit.
Pts. VIII-X (arts. 209-345) modified by Foyle Fisheries Act (Northern Ireland) 1952 (c. 5), s. 52K(2) (as inserted (prosp.) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 3(1) (with art. 32))