Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996

Application to exclude vesting

8.—(1) An application under section 31(6) of the Act of 1985 (exclusion of estate from vesting in the permanent trustee) shall be by note in the bankruptcy process, and shall include –

(a) a crave by the applicant to be sisted in the process; and

(b) a statement of the facts on which the application is based.

(2) An application under paragraph (1) above shall be served by the applicant on the permanent trustee and shall be intimated by the applicant to the debtor.

(3) Where the permanent trustee or the debtor intends to object to the application, he shall lodge answers with the sheriff clerk within 14 days after the date of service or intimation, as the case may be, in accordance with paragraph (2) above.

(4) Where answers are lodged, the sheriff may fix a hearing to take place not less than 14 days after such service or intimation of the application or may, at any time, after the period of 14 days, determine the application by way of affidavits or otherwise as he thinks fit.

(5) Where no answers are lodged, the sheriff may fix a hearing or determine the application in chambers without the attendance of the applicant.

(6) Where the sheriff determines an application in chambers in accordance with paragraphs (4) or (5) above, the sheriff clerk shall intimate the decision of the sheriff to the applicant, the permanent trustee and the debtor.