Bankruptcy is a process where the ownership of an insolvent person’s property transfers to the Official Assignee in Bankruptcy to be sold by him for the benefit of those to whom the individual owes debts (creditors).
Bankruptcy proceedings are brought in the High Court. The application for a Bankruptcy Order is filed in the Office of the Examiner of the High Court. When the person’s property is sold, the Official Assignee will make sure that the proceeds are shared out fairly among creditors and any outstanding debt will be written off.
Bankruptcy normally lasts for 1 year.
MAIN CONSEQUENCES OF BANKRUPTCY
- Your property transfers to the Official Assignee.
- You have a duty to contribute from surplus income (income less reasonable living expenses) towards your debts for up to 3 years.
- You are discharged from bankruptcy after 1 year.
- All your unsecured debts are written off
What are your duties and obligations in connection with bankruptcy?
You must attend Court on the day your bankruptcy application is listed.
You must co-operate fully with the Official Assignee in all matters relating to your bankruptcy.
You must attend the Bankruptcy Division of the ISI to be served with a Bankruptcy Order and a Warrant of Seizure, usually on the day you are made bankrupt. Ownership of all your property will automatically transfer to the Official Assignee.
You may be called for interview with the Official Assignee having already completed a Statement of Personal Information and a Statement of Affairs in relation to your estate.
You must advertise your bankruptcy in Iris Oifigiúil and on the ISI website within 21 days of the date of adjudication. This notice is used to notify creditors of a bankruptcy and to provide them with an opportunity to make a claim in the bankruptcy.
You also have other legal obligations in connection with the administration of your estate and assets. These include:
- the delivery of your accounts or documents to the Official Assignee when requested,
- the delivery of your title deeds to property and any other assets to the Official Assignee,
- assisting the Official Assignee in the administration of your estate, and
- disclosing any property acquired by you since the date of your bankruptcy order to the Official Assignee.