The Insolvency (Northern Ireland) Order 1989

Valid from 30/06/2011

[F1 PART 1 N.I. CONDITIONS WHICH MUST BE MET

F1 Sch. 2ZA inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 2, 7(1); S.R. 2011/13, art. 2

Connection with Northern Ireland N.I.

1— (1) The debtor— N.I.

(a) is domiciled in Northern Ireland on the application date; or

(b) at any time in the 3 years immediately preceding that date—

(i) was ordinarily resident, or had a place of residence, in Northern Ireland; or

(ii) carried on business in Northern Ireland.

(2) The reference in sub-paragraph (1)(b)(ii) to the debtor carrying on business includes—

(a) the carrying on of business by a firm or partnership of which he is a member;

(b) the carrying on of business by an agent or manager for him or for such a firm or partnership.

Debtor's previous insolvency history N.I.

2   The debtor is not, on the determination date— N.I.

(a) an undischarged bankrupt;

(b) subject to an interim order or voluntary arrangement under Chapter 2 of Part 8; or

(c) subject to a bankruptcy restrictions order or a debt relief restrictions order.

3   A debtor's petition for the debtor's bankruptcy under Part 9— N.I.

(a) has not been presented by the debtor before the determination date;

(b) has been so presented, but proceedings on the petition have been finally disposed of before that date; or

(c) has been so presented and proceedings in relation to the petition remain before the High Court at that date, but the Court has referred the debtor under Article 248A(2) for the purposes of making an application for a debt relief order.

4   A creditor's petition for the debtor's bankruptcy under Part 9— N.I.

(a) has not been presented against the debtor at any time before the determination date;

(b) has been so presented, but proceedings on the petition have been finally disposed of before that date; or

(c) has been so presented and proceedings in relation to the petition remain before the Court at that date, but the person who presented the petition has consented to the making of an application for a debt relief order.

5   A debt relief order has not been made in relation to the debtor in the period of 6 years ending with the determination date. N.I.

Limit on debtor's overall indebtedness N.I.

6— (1) The total amount of the debtor's debts on the determination date, other than unliquidated debts and excluded debts, does not exceed the amount specified by order under Article 362(1)(b). N.I.

(2) For this purpose an unliquidated debt is a debt that is not for a liquidated sum payable to a creditor either immediately or at some future certain time.

Limit on debtor's monthly surplus income N.I.

7— (1) The debtor's monthly surplus income (if any) on the determination date does not exceed the amount specified by order under Article 362(1)(b). N.I.

(2) For this purpose “monthly surplus income” is the amount by which a person's monthly income exceeds the amount necessary for the reasonable domestic needs of himself and his family.

(3) The rules may—

(a) make provision as to how the debtor's monthly surplus income is to be determined;

(b) provide that particular descriptions of income are to be excluded for the purposes of this paragraph.

Modifications etc. (not altering text)

C1 Sch. 2ZA para. 7 modified by S.R. 1991/364, Rule 5A.18 (as inserted (30.6.2011) by Insolvency (Amendment ) Rules (Northern Ireland) 2011 (S.R. 2011/151), Rule 8, Sch. 1)

Limit on value of debtor's property N.I.

8— (1) The total value of the debtor's property on the determination date does not exceed the amount specified by order under Article 362(1)(b). N.I.

(2) The rules may—

(a) make provision as to how the value of a person's property is to be determined;

(b) provide that particular descriptions of property are to be excluded for the purposes of this paragraph.]

Modifications etc. (not altering text)

C2 Sch. 2ZA para. 8 modified by S.R. 1991/364, Rule 5A.18 (as inserted (30.6.2011) by Insolvency (Amendment ) Rules (Northern Ireland) 2011 (S.R. 2011/151), Rule 8, Sch. 1)