Ch 45: Proceedings up to Order (September 1997)

Chapter 45: Proceedings up to Order

September 1997

Introduction

This chapter gives general advice and guidance relating to the procedures and events leading up to the making of an insolvency order.

The Insolvency (Amendment) Rules 2010 came into force on 6 April 2010 and have had some effect on company and bankruptcy proceedings in cases where the petition was presented on or after 6 April 2010. The relevant paragraphs have been updated to reflect the changes and information is provided to show when they apply.

 

This chapter is divided into the following parts:

Company

Part 1 - Winding up of companies by the court and the jurisdiction of the courts (paragraphs 45.1 to 45.12)

Part 2 - Who may petition and grounds for winding up (paragraphs 45.13 to 45.34)

Part 3 - Statutory demand against a company – general procedure (paragraphs 45.35 to 45.37)

Part 4 – The winding-up petition (paragraphs 45.38 to 45.56)

Part 5 - Consequences of a winding-up petition - protection of assets (paragraphs 45.57 to 45.63)

Part 6 - Hearing of the winding-up petition (paragraphs 45.64 to 45.69)

 

Bankruptcy

Part 7 – Bankruptcy and the jurisdiction of the courts (paragraphs 45.70 to 45.81)

Part 8 - Bankruptcy petitions generally (paragraphs 45.82 to 45.85) 

Part 9 - Creditor’s bankruptcy petition - grounds (paragraphs 45.86 to 45.90)

Part 10 –Statutory demand against an individual – general procedure (paragraphs 45.91 to 45.108)

Part 11 - Creditor's bankruptcy petition – procedure and hearing (paragraphs 45.109 to 45.135)

Part 12 - Debtor's bankruptcy petition (paragraphs 45.136 to 45.145) 

 

Partnerships

Part 13 - Partnerships generally (paragraphs 45.146 to 45.152)

Part 14 – Partnership winding-up petitions (paragraphs 45.153 to 45.199)

Part 14A – Winding up on creditor's petition where no concurrent petition is presented against a member (paragraph 45.153 to 45.162)

Part 14B - Winding up on a creditor's petition where concurrent petition(s) presented against members (paragraph 45.163 to 45.185)

Part 14C - Winding up on a member's petition where no concurrent petitions presented against a member (paragraph 45.186 to 45.189)

Part 14D - Winding up on a member's petition where concurrent petitions are presented against all members (paragraph 45.190 to 45.199)

Part 15 – Individual partner and member petitions (paragraphs 45.200 to 45.206)

 

 

[On to Part 1 - Winding-up of companies by the court and the jurisdiction of the courts]