Rules of the Superior Courts (Bankruptcy) 2012

JurisdictionIreland
CitationIR SI 120/2012

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, by virtue of the powers conferred upon us by The Courts of Justice Act 1924 , section 36, and the Courts of Justice Act 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), the Courts (Supplemental Provisions) Act 1961 , section 14, the European Communities (Rules of Court) Regulations 1972 ( S.I. No. 320 of 1972 ), and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th April, 2012.

Dated this 28th day of November, 2011.

Susan Denham

Nicholas Kearns

Joseph Finnegan

Elizabeth Dunne

John Edwards

Paul McGarry

Gerard Meehan

Patrick Groarke

Patrick O’Connor

Mary Cummins

Noel Rubotham

Geraldine Manners

I concur in the making of the following Rules of Court.

Dated this 11th day of April, 2012.

ALAN SHATTER

Minister for Justice and Equality

S.I. No. 120 of 2012

RULES OF THE SUPERIOR COURTS (BANKRUPTCY) 2012

1. —(1) These Rules, which may be cited as the Rules of the Superior Courts (Bankruptcy) 2012, shall come into operation on the 20th day of April 2012.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2012.

2. The Rules of the Superior Courts are amended:

(i) by the substitution for Order 76 of the Order set out in Schedule 1;

(ii) by the substitution for the Forms numbered 9, 11, 13, 15, 19, 23, 26, 33 and 34 in Appendix O of the Forms bearing the like numbers set out in Schedule 2, and

(iii) by the insertion in appropriate sequence in Appendix O of the Forms numbered 21A and 50 set out in Schedule 3.

Schedule 1

“ORDER 76: BANKRUPTCY

I. Preliminary

1. (1) In this Order and in the forms in Appendix O:—

“the Act” means the Bankruptcy Act 1988 ;

“the Bank” means the Central Bank of Ireland;

“centre of main interests” shall be construed in accordance with the Insolvency Regulation;

“committee of inspection” means the committee of inspection appointed for the purpose of winding up the estate of a bankrupt in accordance with section 110 of the Act where so appointed;

“the Court” means the Judge to whom causes and matters in Bankruptcy are for the time being assigned by the President of the High Court and includes any other Judge for the time being so assigned and acting in any such matters;

“Court file” means the file kept by the proper officer;

“debt proved” includes any debt which has been duly admitted without proof;

“document” includes a book, paper or writing of any kind, and any matter stored by way of microfilm or electronic or digital information systems and capable of being reproduced in a legible form;

“establishment” has the meaning assigned by Article 2(h) of the Insolvency Regulation;

“form” means the appropriate form in Appendix O or such other form as is from time to time prescribed or sanctioned by the Court in cases where no form has been prescribed;

“insolvency proceedings” means the collective proceedings set out in Article 1 of the Insolvency Regulation and

(a) in relation to the State, set out in Annex A to the Insolvency Regulation under the heading “Ireland”, and

(b) in relation to another Member State, set out in Annex A to the Insolvency Regulation under the heading relating to that Member State;

“the Insolvency Regulation” means Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ L160/1 of 30 June 2000);

“the Judge” means the Judge to whom causes and matters in Bankruptcy are for the time being assigned by the President of the High Court and includes any other Judge for the time being so assigned and acting in any such matters;

“liquidator in main proceedings” means a person performing, in relation to a debtor, functions described in Article 2(b) of the Insolvency Regulation in main proceedings opened in a Member State other than the State;

“main proceedings” means proceedings opened in accordance with Article 3(1) of the Insolvency Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the Insolvency Regulation and

(a) in relation to the State, set out in Annex A to the Insolvency Regulation under the heading “Ireland”, and

(b) in relation to another Member State, set out in Annex A to the Insolvency Regulation under the heading relating to that Member State;

“Member State” means a member state of the European Union other than the Kingdom of Denmark;

“the Official Assignee” means the Official Assignee in Bankruptcy for the time being;

“proper office” means the Examiner’s Office;

“proper officer” means the Examiner or such other officer as may have been designated by the President of the High Court to exercise the powers and functions of the Examiner;

the 2010 Regulations” means the European Communities (Consumer Credit Agreements) Regulations 2010 ( S.I. No. 281 of 2010 );

“secondary proceedings” means proceedings opened in accordance with Articles 3(2) and 3(3) of the Insolvency Regulation and falling within the definition of insolvency proceedings in Article 2(c) of the Insolvency Regulation and

(a) in relation to the State, set out in Annex B to the Insolvency Regulation under the heading “Ireland”, and

(b) in relation to another Member State, set out in Annex B to the Insolvency Regulation under the heading relating to that Member State;

“the sitting for distribution” means the sitting of the Court held or to be held in pursuance of section 82(2) of the Act;

“the statutory sitting” means the sitting of the Court held or to be held in pursuance of section 17(3) of the Act;

“territorial proceedings” means proceedings opened in accordance with Article 3(2) and 3(4) of the Insolvency Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the Insolvency Regulation and

(a) in relation to the State, set out in Annex A to the Insolvency Regulation under the heading “Ireland”, and

(b) in relation to another Member State, set out in Annex A to the Insolvency Regulation under the heading relating to that Member State;

“trustee” means the trustee appointed for the purpose of winding up the estate of a bankrupt in accordance with section 110 of the Act where so appointed;

(2) In rules 20-23 inclusive, 25, 29, 36, 38, 69, 102, 105, 123 to 125 inclusive, 136 to 138 inclusive and 155 a reference to a “creditor” shall, where relevant, include reference to a liquidator in main proceedings.

(3) In any case in which main proceedings or secondary proceedings have been opened in a Member State other than the State, the Official Assignee shall, where such document may be relevant to the main proceedings or secondary proceedings concerned, immediately send a copy of every petition, notice, report, affidavit or other document in the proceedings in the State in respect of the debtor to the liquidator in the main proceedings or secondary proceedings by electronic mail or facsimile where possible or otherwise by registered prepaid post, in accordance with and for the purposes of Article 31 of the Insolvency Regulation.

II. Proceedings Generally

2. Proceedings in matters of bankruptcy or arrangement, proceedings under Part VI of the Act and proceedings under the Insolvency Regulation in matters of bankruptcy shall be entitled:

“THE HIGH COURT BANKRUPTCY”.

3. The prescribed forms shall be used in all such proceedings.

4. All such proceedings (except notices to creditors) shall be written or printed or partly written and partly printed on paper measuring 210 millimetres by 297 millimetres or thereabouts, with a binding margin 45 millimetres wide; but no objection shall be allowed to any proof of debt or proxy on account of its being written or printed on paper of any other size.

5. The proper officer shall cause to be opened in each matter a Court file on which all proceedings in the matter shall be placed and recorded so as to form a complete record of the matter and they shall not be removed from such file for any purpose without a special direction of the Court or the proper officer.

6. Every document or proceeding to be signed by the Court shall be first examined or signed by the proper officer.

7. All summonses, orders, warrants, certificates and other process issued by the Court shall be sealed and signed by the proper officer and shall be taken up from the proper officer.

8. In lieu of attaching a copy of Iris Oifigiúil to the proceedings in each bankruptcy or other matter, one copy of every Iris Oifigiúil shall be filed and preserved by the proper officer.

9. All notices and other proceedings for the delivery of which no special mode is prescribed may be sent by prepaid ordinary post to the last known address of the person to be served therewith.

III. Bankruptcy Summons

10. A bankruptcy summons shall be in the Form No. 1 and shall:

(a) require the debtor, within fourteen days after the service of the summons upon him, to pay the debt to the creditor or to secure the payment of the debt to the satisfaction of the creditor or to compound the debt to the satisfaction of the creditor, and

(b) state that in the event of the debtor failing to pay the sum specified in the summons or to secure or compound for it to the satisfaction of the creditor such default shall be an act of bankruptcy.

11. (1) A creditor desirous that a bankruptcy summons may be granted shall, not earlier than four clear days after he shall have served a notice in the Form No. 4, file in the proper office a copy of such notice, together with an affidavit in the Form No. 5 of the truth of his debt made by himself or by any other person...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT