Insolvency Act 1985

Preliminary

119 Preliminary

(1) A petition for a bankruptcy order to be made against an individual may be presented to the 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 ;

(c) by the supervisor of, or any person (other than the individual) who is for the time being bound by, a composition or scheme proposed by the individual and approved under Chapter I of this Part; or

(d) where a criminal bankruptcy order has been made against the individual, by the Official Petitioner or by any person specified in the order in pursuance of section 39(3)(b) of the [1973 c. 62.] Powers of Criminal Courts Act 1973 ;

and, subject to those provisions, the court may make a bankruptcy order on any such petition.

(2) A bankruptcy petition shall not be presented to the court under subsection (1)(a) or (b) above unless the debtor—

(a) is domiciled in England and Wales ;

(b) is personally present in England and Wales on the day on which the petition is presented ; or

(c) at any time in the period of three years ending with that day—

(i) has been ordinarily resident, or has had a place of residence, in England and Wales ; or

(ii) has carried on business in England and Wales.

(3) The reference in subsection (2)(c) above to an individual's carrying on business includes a reference to the carrying on of business by a firm or partnership of which the individual is a member and a reference to the carrying on of business by an agent or manager for the individual or for such a firm or partnership.

(4) Where a bankruptcy petition relating to an individual is presented by a person who is entitled to present a petition under two or more paragraphs of subsection (1) above, the petition shall be treated for the purposes of this Part as a petition under such one of those paragraphs as may be specified in the petition.

(5) A bankruptcy petition shall not be withdrawn without the leave of the court.

(6) The court shall have a general power, 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, to dismiss a bankruptcy petition or to stay proceedings on such a petition; and, where it stays proceedings on a bankruptcy petition, it may do so on such terms and conditions as it thinks fit.

(7) Without prejudice to subsection (6) above, where a petition under paragraph (a), (b) or (c) of subsection (1) above in respect of an individual is pending at a time when a criminal bankruptcy order is made against him, or is presented after such an order has been so made, the court may on the application of the Official Petitioner dismiss the petition if it appears to it appropriate to do so.