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Part 11 · Special types of insolvency proceedings  ›  Division 3 · Insolvency proceedings relating to jointly administered marital property of a community › Section 333

Right to file request. Grounds for opening proceedings

(1) Any creditor who can demand performance of an obligation from the joint property is entitled to request the opening of insolvency proceedings in relation to the joint property administered jointly by the spouses.

(2) A spouse is also entitled to file a request. If the request is not filed by both spouses, it is admissible if the insolvency of the joint property is shown to the satisfaction of the court; the insolvency court is to hear the other spouse. If the request is filed by both spouses, imminent insolvency also constitutes grounds to open proceedings.

(3) Subsections (1) and (2) apply accordingly to life partners.

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