Financial Restructuring and Bankruptcy Law

Article 21 — Article (21) Applications filed on Debts of a Deceased, Retired or Incapacitated Debtor

Chapter Two: Initiation of Proceedings

1. Subject to the provisions of Article (16) of this Law, an application to initiate the proceedings may be submitted after the death of the debtor, its retirement from trade or its loss of capacity within the two years following the death or the removal of the trader's name from the commercial register or its loss of capacity. Notices shall be sent to the deceased debtor to its last domicile without the need to designate heirs. 2. Subject to the provisions of Article (15) of this Law, the debtor's heirs may submit an application for the initiation of proceedings within the two years following death. If the heirs do not agree to submit the application, it may be submitted by any of them. In this case, the Bankruptcy Court may decide to save the application or admit the application for the initiation of proceedings according to what it deems to serve the interest of the creditors of the deceased debtor and the heirs. 3. The debtor's heirs or their legal representatives shall a person to represent them in the proceedings in accordance with this Law. Failure to do so within (10) ten days from the date of notification thereof by the Bankruptcy Department, the Bankruptcy Court shall designate any of the heirs to represent them, and the court may dismiss the heirs' representative and appoint another of the heirs or a person acting on their behalf. 4. If the application is submitted by or against an incapacitated debtor, it shall be represented by the Trustee.

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