Part IX Bankruptcy (ss [263H-371)
Part IX Bankruptcy (ss [263H-371)

[263H Bankruptcy applications to an adjudicator]

[(1)     An individual may make an application to an adjudicator in accordance with this Chapter for a bankruptcy order to be made against him or her.

(2)     An individual may make a bankruptcy application only on the ground that the individual is unable to pay his or her debts.]


[263I Debtors against whom an adjudicator may make a bankruptcy order]

[(1)     An adjudicator has jurisdiction to determine a bankruptcy application only if—

(a)     the centre of the debtor's main interests is in England and Wales, or

[(ab)     the centre of the debtor's main interests is in a member State (other than Denmark) and the debtor has an establishment in England and Wales, or]

(b)     the centre of the debtor's main interests is not in a member state of the European Union which has adopted the [EU Regulation], but the test in subsection (2) is met.

(2)     The test is that—

(a)     the debtor is domiciled in England and Wales, or

(b)     at any time in the period of three years ending with the day on which the application is made to the adjudicator, the debtor—

(i)     has been ordinarily resident, or has had a place of residence, in England and Wales, or

(ii)     has carried on business in England and Wales.

(3)     The reference in subsection (2) to the debtor carrying on business includes—

(a)     the carrying on of business by a firm or partnership of which the debtor is a member, and

(b)     the carrying on of business by an agent or manager for the debtor or for such a firm or partnership.

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