PART 1 SApplication or petition for sequestration

Applications and petitionsS

13Further provisions relating to presentation of petitionsS

(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

(b)at any time by—

(i)a trustee acting under a trust deed,

F1(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

(b)at any time by—

(i)a trustee acting under a trust deed,

F2(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

(b)at any time by—

(i)a person entitled to be appointed as executor of the estate, [F3or]

(ii)a trustee acting under a trust deed,

F4(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.