PART 1Application or petition for sequestration
Applications and petitions
I113Further provisions relating to presentation of petitions
1
The petitioner is, on the day the petition for sequestration is presented under section 2, 5 or 6, to send a copy of the petition to AiB.
2
A petition for the sequestration of the estate of a debtor (other than a limited partnership or a deceased debtor) 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 before the date of presentation of the petition, or
3
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
4
A petition for the sequestration of the estate of a deceased debtor may be presented—
a
by a qualified creditor or qualified creditors—
i
in a case where the apparent insolvency of the debtor founded on in the petition was constituted within 4 months before the date of death, at any time, and
ii
in any other case (whether or not apparent insolvency has been constituted), not earlier than 6 months after the date of death, or
5
The presentation of a petition for sequestration bars the effect of any enactment or rule of law relating to the limitation of actions.
6
Where, before sequestration is awarded, it becomes apparent that a petitioning creditor was ineligible to petition, that person must withdraw, or as the case may be withdraw from, the petition; but another creditor may be sisted in that person's place.