Petitions for sequestration
8AF1Further provisions relating to debtor applications
1
Subject to subsection (2) below, a debtor application may be made at any time.
F22
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 temporary administrator,
ii
a member State liquidator appointed in main proceedings, or
iii
a trustee acting under a trust deed.
3
The making of, or the concurring in, a debtor application shall bar the effect of any enactment or rule of law relating to the limitation of actions.
4
Where, before sequestration is awarded, it becomes apparent that a creditor concurring in a debtor application was ineligible to so concur the Accountant in Bankruptcy shall withdraw him from the application but another creditor may concur in the place of the ineligible creditor and that other creditor shall notify the Accountant in Bankruptcy of that fact.