Bankruptcy Act 1988

• Enactment Date: 13 July 1988
• Act Number: 27

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Number 27 of 1988

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BANKRUPTCY ACT 1988

REVISED

Updated to 1 October 2018

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This Revised Act is an administrative consolidation of the Bankruptcy Act 1988. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, and all statutory instruments up to and including Civil Liability (Amendment) Act 2017 (Parts 1, 2 and 3) (Commencement) Order 2018 (S.I. No. 377 of 2018), made 25 September 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 27 of 1988

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BANKRUPTCY ACT 1988

REVISED

Updated to 1 October 2018

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Bankruptcy Acts 1988 to 2015: this Act is one of a group of Acts included in this collective citation (Bankruptcy (Amendment) Act 2015 (60/2015), s. 16(2)). The Acts in this group are:

• Bankruptcy Act 1988 (27/1988)

• Euro Changeover (Amounts) Act 2001 (16/2001), s. 7 and s. 9(5)

• Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), part 7

• Bankruptcy (Amendment) Act 2015 (60/2015)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1983, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Data Protection Act 2018 (7/2018)

• Civil Liability (Amendment) Act 2017 (30/2017)

• Bankruptcy (Amendment) Act 2015 (60/2015)

• Marriage Act 2015 (35/2015)

• Companies Act 2014 (38/2014)

• Protected Disclosures Act 2014 (14/2014)

• Companies (Miscellaneous Provisions) Act 2013 (46/2013)

• Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013)

• Central Bank (Supervision and Enforcement) Act 2013 (26/2013)

• Finance (Local Property Tax) Act 2012 (52/2012)

• Personal Insolvency Act 2012 (44/2012)

• Industrial Relations (Amendment) Act 2012 (32/2012)

• Protection of Employees (Temporary Agency Work) Act 2012 (13/2012)

• Property Services (Regulation) Act 2011 (40/2011)

• Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

• Criminal Justice Act 2011 (22/2011)

• Finance Act 2011 (6/2011)

• Value-Added Tax Consolidation Act 2010 (31/2010)

• Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

• Fines Act 2010 (8/2010)

• National Asset Management Agency Act 2009 (34/2009)

• Land And Conveyancing Law Reform Act 2009 (27/2009)

• Finance (No. 2) Act 2008 (25/2008)

• Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

• Criminal Justice (Mutual Assistance) Act 2008 (7/2008)

• Foyle and Carlingford Fisheries Act 2007 (17/2007)

• International Criminal Court Act 2006 (30/2006)

• Employment Permits Act 2006 (16/2006)

• Social Welfare Consolidation Act 2005 (26/2005)

• Finance Act 2005 (5/2005)

• Industrial Relations (Miscellaneous Provisions) Act 2004 (4/2004)

• Courts and Court Officers Act 2002 (15/2002)

• Carers Leave Act 2001 (19/2001)

• Euro Changeover (Amounts) Act 2001 (16/2001)

• National Training Fund Act 2000 (41/2000)

• National Minimum Wage Act 2000 (5/2000)

• Parental Leave Act 1998 (30/1998)

• Employment Equality Act 1998 (21/1998)

• Taxes Consolidation Act 1997 (39/1997)

• Proceeds of Crime Act 1996 (30/1996)

• Netting of Financial Contracts Act 1995 (25/1995)

• Investment Intermediaries Act 1995 (11/1995)

• Adoptive Leave Act 1995 (2/1995)

• Maternity Protection Act 1994 (34/1994)

• Investment Limited Partnerships Act 1994 (24/1994)

• Criminal Justice Act 1994 (15/1994)

• Industrial Training (Apprenticeship Levy) Act 1994 (3/1994)

• Protection of Employees (Employers’ Insolvency) Act 1984 (21/1984)

• Foyle Fisheries Act 1952 (5/1952)

• Industrial Relations Act 1946 (26/1946)

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• European Union (Markets in Financial Instruments) Regulations 2017 (S.I. No. 375 of 2017)

• Bankruptcy (Amendment) Act 2015 (Commencement) (No. 2) Order 2016 (S.I. No. 253 of 2016)

• National Vehicle and Driver File (Access) (No. 2) Regulations 2015 (S.I. No. 287 of 2015)

• National Vehicle and Driver File (Access) Regulations 2015 (S.I. No. 64 of 2015)

• Protected Disclosures Act 2014 (Section 7(2)) Order 2014 (S.I. No. 339 of 2014)

• Personal Insolvency Act 2012 (Prescribed Fees in Bankruptcy Matters) Regulations 2013 (S.I. No. 465 of 2013)

• Bankruptcy Act 1988 (Official Assignee Accounts and Related Matters) Regulations 2013 (S.I. No. 464 of 2013)

• European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011)

• Prison Rules 2007 (S.I. No. 252 of 2007)

• European Communities (Markets in Financial Instruments) Regulations 2007 (S.I. No. 60 of 2007)

• Bankruptcy Act 1988 (Alteration of Monetary Limits) Order 2001 (S.I. No. 595 of 2001)

• European Communities (Personal Insolvency) Regulations 2002 (S.I. No. 334 of 2002)

• Criminal Justice Act 1994 (Section 46(6)) Regulations 1996 (S.I. No. 343 of 1996)

All statutory instruments up to and including Civil Liability (Amendment) Act 2017 (Parts 1, 2 and 3) (Commencement) Order 2018 (S.I. No. 377 of 2018), made 25 September 2018, were considered in the preparation of this revision.

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Number 27 of 1988

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BANKRUPTCY ACT 1988

REVISED

Updated to 1 October 2018

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ARRANGEMENT OF SECTIONS

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Acts Referred to
Arbitration Act, 1954	1954, No. 26
Auctioneers and House Agents Act, 1967	1967, No. 9
Bankruptcy (Ireland) Amendment Act, 1872	1872, c. 58
Central Bank Act, 1971	1971, No. 24
Civil Liability Act, 1961	1961, No. 41
Civil Liability (Amendment) Act, 1964	1964, No. 17
Courts (Supplemental Provisions) Act, 1961	1961, No. 39
Criminal Procedure Act, 1967	1967, No. 12
Deeds of Arrangement Act, 1887	1887, c. 57
Enforcement of Court Orders Act, 1940	1940, No. 23
Factors Act, 1889	1889, c. 45
Fines and Recoveries (Ireland) Act, 1834	1834, c. 92
Friendly Societies Act, 1896	1896, c. 25
Irish Bankrupt and Insolvent Act, 1857	1857, c. 60
Judgment Mortgage (Ireland) Act, 1850	1850, c. 29
Moneylenders Act, 1933	1933, No. 36
Partnership Act, 1890	1890, c. 39
Preferential Payments in Bankruptcy (Ireland) Act, 1889	1889, c. 60
Statute of Limitations, 1957	1957, No. 6
Supreme Court of Judicature (Ireland) (No. 2) Act, 1897	1897, c. 66
Trustee Savings Banks Act, 1863	1863, c. 87

Marginal Abbreviations

1857—Irish Bankrupt and Insolvent Act, 1857

1872, c. 57—Debtors Act (Ireland), 1872

1872—Bankruptcy (Ireland) Amendment Act, 1872

1887, c. 57—Deeds of Arrangement Act, 1887

1888, c. 44—Local Bankruptcy (Ireland) Act, 1888

1889—Preferential Payments in Bankruptcy (Ireland) Act, 1889

1890, c. 24—Deeds of Arrangement Amendment Act, 1890

33/1963—Companies Act, 1963

16/1964—Registration of Title Act, 1964

27/1965—Succession Act, 1965

36/1971—Courts Act, 1971

RSC—The Rules of the Superior Courts, 1962

LCR—Local Court Rules, 1888

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Number 27 of 1988

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BANKRUPTCY ACT 1988

REVISED

Updated to 1 October 2018

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AN ACT TO CONSOLIDATE WITH AMENDMENTS THE LAW RELATING TO BANKRUPTCY AND TO PROVIDE FOR RELATED MATTERS. [13th July, 1988]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Application of Act extended (3.01.2018) by European Union (Markets in Financial Instruments) Regulations 2017 (S.I. No. 375 of 2017), reg. 148(11), in effect as per reg. 1(2).

Winding up of investment firm or market operator by the Court

148. ...

(2) Notwithstanding section 569 of the Companies Act 2014, the Bank, by presenting a petition, may apply to the Court to have an investment firm, data reporting service provider or the market operator of a regulated market wound up, under...