Bankruptcy Act, 1988

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Number 27 of 1988

BANKRUPTCY ACT, 1988

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title.
2.	Commencement.
3.	Interpretation.
4.	Application of Act to subsisting bankruptcies and arrangements.
5.	Expenses.
6.	Repeals.

PART II

Procedure in Bankruptcy

7.	Acts of bankruptcy.
8.	Bankruptcy summons.
9.	Arrest of absconding debtor.
10.	Petition.
11.	Presenting petition.
12.	Petitioning creditor's costs.
13.	Petition or act of bankruptcy agreed between bankrupt and creditor.
14.	Adjudication: creditor's petition.
15.	Adjudication: debtor's petition.
16.	Cause shown against adjudication.
17.	Notice of adjudication and statutory sitting.
18.	Creditors' assignee.
19.	Duties of bankrupt.
20.	Change of name or address, etc.
21.	Examination of bankrupt and other persons.
22.	Admission of debt due to bankrupt.
23.	Arrest of bankrupt, etc.
24.	Committal to prison.
25.	Examination of persons in custody.
26.	Release of bankrupt from prison.
27.	Warrant of seizure.
28.	Search warrant.
29.	Indemnity for persons acting under warrant.

Partnership Cases

30.	Actions by Official Assignee and bankrupt's partners.
31.	Petition against one or more partners.
32.	Furnishing of partnership accounts to Official Assignee.
33.	Duty of bankrupt partner.
34.	Joint and separate properties.
35.	Actions on joint contracts.
36.	Proceedings in partnership name.
37.	Limited partnerships.

Composition after Bankruptcy

38.	Stay on realisation of estate.
39.	Offer of composition.
40.	Payment of composition.
41.	Discharge of adjudication order.

Bankrupt Dying after Adjudication

42.	Bankrupt dying after adjudication.

Subsequent Bankruptcy

43.	Subsequent bankruptcy.

PART III

Administration of Property

Effect of Adjudication on Bankrupt's Property

Fraudulent and Voluntary Conveyances

57.	Avoidance of fraudulent preferences.
58.	Avoidance of certain transactions.
59.	Avoidance of certain settlements.

Management Provisions

60.	Office of the Official Assignee.
61.	Functions of Official Assignee in bankruptcy and vesting arrangements.
62.	Bankruptcy Inspector and assistants.
63.	Protection of Official Assignee.
64.	Power of Official Assignee to bar entail.
65.	Power of Official Assignee to appropriate part of bankrupt's income.
66.	Delivery of property to Official Assignee.
67.	Right of Official Assignee to transfer stocks or shares.
68.	Right of Official Assignee to inspect goods pawned or pledged.
69.	Receipt of property of bankrupt.
70.	Claim to property in possession of bankrupt.
71.	Allowances to bankrupt.
72.	Redirection of letters, etc., addressed to bankrupt.
73.	Appointment of receivers and managers.
74.	Joint and separate dividends.
75.	Debts provable in bankruptcy and arrangements.
76.	Proof of debts.
77.	Bankruptcy of mercantile agent.
78.	Proof for costs of judgment.
79.	Disallowance of debts already proved.

Distribution of Estate

80.	Priority of expenses, etc.
81.	Preferential payments.
82.	Distribution of estate.
83.	Accounts and audit.
84.	Official Assignee—Unclaimed Dividend Account.
85.	Discharge and annulment.
86.	Surplus.

PART IV

Arrangements under Control of Court

87.	Petition for protection.
88.	Restriction on dealing with property.
89.	Effect of protection on execution orders.
90.	Procedure on grant of protection.
91.	Filing of statements.
92.	Acceptance of proposal.
93.	Vesting in Official Assignee.
94.	Distribution of property in vesting arrangement.
95.	Special private sitting.
96.	Carrying proposal into effect.
97.	Lodgment with Official Assignee.
98.	Certificate of arranging debtor.
99.	Publication in relation to arrangements.
100.	Taking possession of property by Official Assignee.
101.	Discharge of protection order.
102.	Surplus.
103.	Goods obtained on credit.
104.	Private sitting for enquiry.
105.	Adjudication of arranging debtor.
106.	Partners obtaining protection of the Court.
107.	Summoning witnesses.
108.	Registration of arrangements.
109.	Exclusion of Deeds of Arrangement Act, 1887.

PART V

Winding up by Trustee

110.	Order for winding up.
111.	Vesting in trustee.
112.	Powers of trustee, etc.
113.	Order of discharge.
114.	Powers of Court.

PART VI

Estates of Persons Dying Insolvent

115.	Petition to administer in bankruptcy estate of person dying insolvent.
116.	Effect on personal representative of service of notice of petition.
117.	Order for administration under Part VI.
118.	Vesting and distribution.
119.	Priority of funeral and testamentary expenses.
120.	Application of Act.
121.	Surplus.
122.	Right of retainer restricted.

Offences

Miscellaneous

Proof of Debts

Repeals

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

BANKRUPTCY ACT, 1988

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:

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