Bankruptcy
(Désastre) Rules 2006
1 Interpretation
(1) In
these Rules –
“claim” means
a claim made pursuant to Rule 3;
“Law” means
the Bankruptcy (Désastre) (Jersey)
Law 1990.
(2) A
word or expression used in these Rules and defined in the Law has the same
meaning in these Rules as it has in the Law.
2 Application
for declaration
(1) Except
by leave of the court, an application for a declaration in pursuance of Article 3
of the Law cannot be made unless the applicant has given the Viscount not less
than 48 hours notice of the applicant’s intention to make the
application.
(2) An
application for a declaration is to be made by means of a demande to which there is appended –
(a) a
statement in the appropriate form specified in the Schedule; and
(b) an
affidavit.
(3) The
affidavit must –
(a) verify
the contents of the statement;
(b) where
the application is made by a debtor, state that the debtor is insolvent but has
realisable assets;
(c) where
the application is made by a creditor, state 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 specify the
grounds on which the creditor believes the debtor to be insolvent; and
(d) provide
details of any notice of the application given to the Viscount pursuant to
paragraph (1).
(4) This
Rule does not apply where the application is made by the Commission in
accordance with Article 3(1)(c) of the Law.
3 Filing
of claims
(1) Following
a declaration the Viscount –
(a) must,
with the least possible delay, cause a notice to be published in the Jersey
Gazette; and
(b) may
cause a notice to be published in any other way the Viscount thinks fit.
(2) The
notice must –
(a) require
each creditor to file with the Viscount a statement that contains full
particulars of the creditor’s claim; and
(b) specify
the date by which claims are to be filed, being a date that is not less than 40
and not more than 60 days after the date of the declaration.
(3) A
creditor who believes that an amount due to the creditor ranks for payment in
priority to any other debt must so claim.
(4) A
creditor who believes he or she has a surety (“caution”),
guarantee, hypothec, security interest or other charge affecting the property
of the debtor must so claim.
(5) Except
as provided by Rule 10, a creditor who does not submit a claim within the time
fixed by the Viscount in pursuance of these Rules forfeits his or her 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 (which allows the
Viscount to disclaim certain property) to be a creditor must, within 28 days of
the notice of the disclaimer being served in accordance with Rule 8(2),
file with the Viscount a claim in a manner determined by the Viscount.
4 Evidence
of claims
Any evidence that is
required to be given in accordance with Article 31 of the Law in support
of a claim must be given at the time and in the form (whether upon oath or
otherwise) determined by the Viscount.
5 Inspection
of claims
(1) The
Viscount must, as soon as practicable after the date specified pursuant to Rule
3(2)(b), fix a period of time during which, and place where, the claims may be
inspected.
(2) The
Viscount must cause notice of the period and place –
(a) to be
published in the Jersey Gazette; and
(b) to be
given to the debtor.
(3) The
Viscount may cause notice of the period and place to be published in any other
way the Viscount thinks fit.
6 Opposition
to claims
(1) This
Rule applies if the debtor, a creditor or any other interested person wishes to
oppose the admission of a claim.
(2) The
person must, within one month from the expiration of the period of time fixed
pursuant to Rule 5(1), lodge with the Viscount a statement in writing setting
out the grounds on which the admission of the claim is opposed.
7 Viscount’s
decisions
(1) This
Rule applies where the Viscount rejects in whole or in part –
(a) a
claim; or
(b) a
statement of opposition lodged during the time fixed pursuant to Rule 6(2).
(2) The
Viscount must give notice of his or her decision to –
(a) the
person whose claim or any part of it has been rejected; or
(b) the
person whose opposition to the admission of a claim or any part of it has been
rejected,
as the case may be.
(3) The
notice must –
(a) specify
the reason for the decision; and
(b) inform
the person to whom it relates of his or her right, under Article 31(7) of
the Law to request the Viscount to apply to the court to review the
Viscount’s decision.
(4) A
request under Article 31(7) of the Law must be made within 21 days of the
date of notice being given in accordance with paragraph (3).
8 Disclaimed
onerous property
(1) This
Rule applies where the Viscount disclaims onerous property under Article 15
of the Law.
(2) The
Viscount must forthwith serve notice of the disclaimer on –
(a) each
person who appears to the Viscount to have an interest in the disclaimed
property; and
(b) each
person who appears to the Viscount to be under a liability in respect of the
disclaimed property, not being a liability discharged by the disclaimer.
(3) The
notice must –
(a) contain
sufficient details of the property to enable it to be easily identified; and
(b) inform
the person upon whom it is served of the reason for the disclaimer and of the
person’s rights under the Law as a result of the disclaimer.
(4) Those
rights are –
(a) under
Article 15(4) 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; and
(b) under
Article 16 of the Law, to apply to the court for an order under that
Article.
(5) An
application under Article 16 of the Law must be made within 3 months of
receipt by the applicant of the notice of the disclaimer.
9 Service
of notices
A notice that is required
to be served on a person under these Rules –
(a) must
be in writing; and
(b) may
be sent by post to the person’s usual or last known place of abode or
place of business, or, in the case of a company, to its registered office or
last known place of business.
10 Power
to extend and abridge time
(1) Despite
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 an act in pursuance of these Rules.
(2) The
Viscount may grant an extension although the application for the extension was
not made until the expiration of the prescribed period, or any extension of
that period.
11 Citation
These Rules may be cited
as the Bankruptcy (Désastre) Rules 2006.