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BANKRUPTCY (DÉSASTRE) RULES 1991 Revised Edition 04.160.50 Showing the law as at 31 August 2004 This is a revised edition of the law Bankruptcy (Désastre) Rules 1991 Arrangement BANKRUPTCY (DÉSASTRE) RULES 1991 Arrangement Rule 1 Interpretation ................................................................................................... 5 2 Application for declaration ............................................................................. 5 3 Filing of claims ............................................................................................... 6 4 Proofs of debt .................................................................................................. 6 5 Inspection of proofs ........................................................................................ 6 6 Opposition to claims ....................................................................................... 7 7 Viscount’s decisions ....................................................................................... 7 8 Disclaimed onerous property .......................................................................... 7 9 Service of notices ............................................................................................ 8 10 Power to extend and abridge time ................................................................... 8 11 Miscellaneous provisions ................................................................................ 8 12 Citation ............................................................................................................ 8 SCHEDULE 9 PART 1 9 STATEMENT REGARDING APPLICATION FOR A DECLARATION IN PURSUANCE OF ARTICLE 3 OF THE BANKRUPTCY (DESASTRE) (JERSEY) LAW 1990 – DEBTOR 9 PART 2 10 STATEMENT REGARDING APPLICATION FOR A DECLARATION IN PURSUANCE OF ARTICLE 3 OF THE BANKRUPTCY (DESASTRE) (JERSEY) LAW 1990 – CREDITOR 10 Revised Edition – 31 August 2004 Page - 3 04.160.50 Arrangement Bankruptcy (Désastre) Rules 1991 Supporting Documents ENDNOTES 11 Table of Legislation History ........................................................................................ 11 Table of Renumbered Provisions ................................................................................. 11 Table of Endnote References ....................................................................................... 11 Page - 4 Revised Edition – 31 August 2004 04.160.50 Bankruptcy (Désastre) Rules 1991 Rule 1 BANKRUPTCY (DÉSASTRE) RULES 1991 THE SUPERIOR NUMBER OF THE ROYAL COURT, in pursuance of Article 13 of the Royal Court (Jersey) Law 19481 and of Article 2 of the Bankruptcy (Désastre) (Jersey) Law 19902 and of all other powers enabling it in this behalf, has made the following Rules – Commencement [see endnotes] 1 Interpretation (1) In these Rules, “Law” means the Bankruptcy (Désastre) (Jersey) Law 1990.3 (2) Expressions used in these Rules shall, unless the contrary intention appears, have the same respective meanings as in the Law. (3) Any reference in these Rules to a numbered Rule shall be construed as a reference to the Rule so numbered in these Rules. 2 Application for declaration (1) Except by leave of the court, an application by a creditor for a declaration in pursuance of Article 3 of the Law may only be made if the creditor’s claim against the debtor is for a liquidated sum exceeding £1,000. (2) Except by leave of the court, no application for a declaration may be made unless the applicant has given the Viscount not less than 48 hours’ notice of the applicant’s intention to make the application. (3) An application for a declaration shall be made by means of a demande to which there shall be appended – (a) a statement in the form specified in Part 1 or 2 of the Schedule to these Rules, whichever is appropriate; and (b) an affidavit – (i) verifying the contents of the statement, Revised Edition – 31 August 2004 Page - 5 04.160.50 Rule 3 Bankruptcy (Désastre) Rules 1991 (ii) where the application is made by a debtor, stating that the debtor is insolvent but has realisable assets, (iii) where the application is made by a creditor, stating that the creditor has a claim against the debtor, that to the best of the creditor’s knowledge and belief the debtor is insolvent but has realisable assets, and specifying the grounds on which the creditor believes the debtor to be insolvent, (iv) stating the notice of the application given to the Viscount. 3 Filing of claims (1) The Viscount shall, with the least possible delay following a declaration, cause a notice to be published in the Jersey Gazette, and, if the Viscount thinks fit, in any other manner, requiring every creditor to file with the Viscount a statement containing full particulars of the creditor’s claim (hereinafter referred to as a “claim”). (2) Such notice shall specify the date by which claims are to be filed, which date shall be not less than 40 and not more than 60 days from the date of the declaration. (3) Where a creditor claims that any amount due to the creditor ranks for payment in priority to any other debt, the creditor shall so state in the claim. (4) A creditor who has a surety (“caution”), guarantee, hypothec, security interest or other charge affecting the property of the debtor shall so state in the claim. (5) A creditor who does not submit a claim within the time fixed by the Viscount in pursuance of these Rules shall forfeit the creditor’s right to participate in the distribution of the assets of the debtor under Article 33 of the Law. (6) A person who is deemed under Article 15(4) of the Law to be a creditor shall file with the Viscount a claim in such manner and within 28 days or such longer period as the Viscount may determine. 4 Proofs of debt Evidence required to be given in accordance with Article 31(1) of the Law in support of a proof, including evidence to substantiate a claim under Rule 3, shall be given at such time and in such form (whether upon oath or otherwise) as the Viscount may direct. 5 Inspection of proofs (1) After the expiration of the time fixed in pursuance of Rule 3(2), the Viscount shall fix a time during which, and a place at which, proofs may be inspected by the debtor and by any creditor or other interested person. Page - 6 Revised Edition – 31 August 2004 04.160.50 Bankruptcy (Désastre) Rules 1991 Rule 6 (2) Notice of such time and place shall be published in the Jersey Gazette and in any other manner the Viscount thinks fit and shall be given to the debtor. 6 Opposition to claims Where the debtor or any creditor or other interested person wishes to oppose the admission of any claim (including a claim that any amount should rank for payment in priority to any other debt) the person shall, within one month from the expiration of the time fixed under Rule 5(1), lodge with the Viscount a statement in writing setting out the grounds on which the person opposes the admission of such claim. 7 Viscount’s decisions Where, after the expiration of the time fixed in pursuance of Rule 6 for the lodging of opposition to any claim, the Viscount, after having examined all proofs and statements of opposition, rejects a proof in whole or part, or a statement of opposition, the Viscount shall give notice of the Viscount’s decision to – (a) every person claiming to be a creditor whose proof or any part thereof has been rejected; (b) every person whose opposition to the admission of a claim has been rejected, specifying the reason for such decision, and informing the person to whom it relates of the person’s right, under Article 31 of the Law to apply to the court for the reversal or variation of the Viscount’s decision. 8 Disclaimed onerous property (1) Where, in pursuance of Article 15 of the Law, the Viscount disclaims any onerous property, the Viscount shall forthwith serve notice of the disclaimer on any person who appears to the Viscount – (a) to have an interest in the disclaimed property; or (b) to be under a liability in respect of the disclaimed property, not being a liability discharged by the disclaimer. (2) A notice under this Article shall contain such particulars of the property disclaimed as to enable it to be easily identified. (3) Such notice shall inform the person to whom it relates of the reason for the disclaimer, and of the person’s rights – (a) under Article 15 of the Law, to be treated as a creditor of the debtor, and to prove for any loss or damage incurred as a result of the disclaimer; (b) to apply to the court for an order in pursuance of Article 16 of the Law. Revised Edition – 31 August 2004 Page - 7 04.160.50 Rule 9 Bankruptcy (Désastre) Rules 1991 (4) An application to the court under Article 16 of the Law must be made by an applicant within 3 months of receipt of the notice of disclaimer. 9 Service of notices Any notice required to be served under these Rules shall be in writing and may be sent by post to the person to whom it is addressed at the person’s usual or last known place of abode or place of business, or in the case of a company, at its registered office or place of business. 10 Power to extend and abridge time Notwithstanding any other provision of these Rules, the Viscount may, on such terms as the Viscount thinks fit, extend or abridge the period within which a person is required or authorized to do any act in pursuance of these Rules, and such extension may be granted although the application for the same has not been made until the expiration of the prescribed period, or any extension thereof. 11 Miscellaneous provisions (1) No debtor shall obtain credit exceeding
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