Rules of the Superior Courts (Bankruptcy) 2013.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) Subject to paragraphs (4) and (6), these Rules, which may be cited as the Rules of the Superior Courts (Bankruptcy) 2013, shall come into operation on the 3rd day of December, 2013.
(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 2013.
(4)(a) Order 76 of the Rules of the Superior Courts is amended by the deletion therefrom of rules 88 to 99 inclusive.
(b) Appendix O to the Rules of the Superior Courts is amended by the deletion therefrom of the Forms therein numbered 26 to 30 inclusive.
(c) This paragraph shall come into operation on the 3rd day of December, 2013.
(5) Notwithstanding paragraph (4), proceedings on any petition to the Court under section 87 of the Bankruptcy Act 1988 presented before the 3rd day of December, 2013 may be continued on and following the 3rd day of December, 2013 and determined as if paragraph (4) had not come into operation.
(6)(a) Order 76 of the Rules of the Superior Courts is amended by the deletion therefrom of rules 137 to 140 inclusive and rules 144 to 158 inclusive.
(b) This paragraph shall come into operation on the 3rd day of December, 2013.
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paragraphs: Order 76 of the Rules of the Superior Courts is amended:
(i) by the substitution in sub-rule (1) of rule 1 for the definition therein of “the Bank” of the following definition:
““the Bank” means the Central Bank of Ireland or a bank authorised to carry on business in the State;”;
(ii) by the insertion in sub-rule (1) of rule 1 immediately following the definition therein of “the Bank” of the following definition:
““bankruptcy payment order” means a bankruptcy payment order under section 85D of the Act;”;
(iii) by the substitution in sub-rule (1) of rule (1) for the definition therein of the “Official Assignee” of the following definition:
““Official Assignee” has the same meaning as in section 3 of the Act;”;
(iv) by the substitution in sub-rule (1) of rule 11 of “fourteen days” for “four days”;
(v) by the substitution for sub-rule (2) of rule 13 of the following sub-rule:
“(2) There shall be endorsed on the summons in addition to an intimation of the consequences of neglect to comply with the requisition of the summons, a notice to the debtor that if he disputes the debt and desires to obtain the dismissal of the summons he must file an affidavit within fourteen days after service of the summons stating (a) that he is not so indebted or only so indebted to an amount of €20,000 or less or (b) that before the service of the summons he had obtained the protection of the Court or (c) that he has secured or compounded the debt to the satisfaction of the creditor.”;
(vi) by the substitution for paragraphs (f) and (g) of sub-rule (1) of rule 19 of the following paragraphs:
“(f) indicate whether the petitioner had, prior to presenting the petition, received a proposal for a Debt Settlement Arrangement or a Personal Insolvency Arrangement and, where such proposal had been received, specify the details of the proposal;
(g) contain an indemnity on the part of the petitioner, indemnifying the Official Assignee as to the Official Assignees costs, fees and expenses allowed by the Court up to and including the statutory sitting and as to such further costs, fees and expenses of the Official Assignee as the Court may upon the application of the Official Assignee direct, and
(h) contain notice of the date for the hearing of the petition.”;
(vii) by the insertion immediately following sub-rule (3) of rule 26 of the following sub-rule:
“(4) The affidavit referred to in sub-rule (3) shall, in addition, contain the averment required by section 11(4) of the Act.”;
(viii) by the substitution for rule 27 of the following rule:
“27.A petition of bankruptcy by a debtor shall be accompanied by and lodged together with a statement of affairs of the debtor in the Form No. 23, with such modifications as are necessary, which shall be verified by the debtor, and the debtor shall comply with the requirements of rules 80 and 81 in respect of the statement of affairs.”;
(ix) by the substitution for the caption preceding rule 80 and rule 80 of the following caption and rule respectively:
“XIX. The Statement of Affairs
80. (1) A debtor in respect of whom a petition has been presented by a creditor may, for the purposes of section 14(2) of the Act, file a statement of affairs.
(2) A statement of affairs filed by a debtor under section 11(5) or for the purposes of section 14(2) of the Act shall be in the Form No. 23, with such modifications as are necessary, and shall particularise those affairs (including the assets and liabilities of the debtor) as of the date of presentation of the petition.
(3) Where a debtor has, prior to adjudication as a bankrupt, filed a statement of affairs under section 11(5) or for the purposes of section 14(2) of the Act, the debtor may, on notice to the Official Assignee, apply to the Court for a direction dispensing with the requirement in section 19(c) of the Act to file, as a bankrupt, a statement of affairs.
(4) Where the Court has given a direction referred to in sub-rule (2), the statement of affairs filed by the debtor shall, for the purpose of this Order, be treated as his statement of affairs as a bankrupt.
(5) Unless the Court otherwise directs, the bankrupt shall, not later than two clear days before the day fixed for the statutory sitting, lodge with the Official Assignee his statement of affairs in the Form No. 23 and the Official Assignee shall examine same so as to ascertain whether it be so complete, and shall refuse to stamp same, and the bankrupt shall not file same, until presented to the Official Assignee complete, unless the Court shall otherwise direct.
(6) Every statement of affairs shall be verified on oath, complete, regularly paged, and signed by the debtor on each page, with all the columns and blanks accurately filled up.”:
(x) by the substitution for rule 101 of the following rule:
“101.The provisions of the preceding rules of this Order shall apply, with any necessary modifications, in relation to the winding up of the property of a bankrupt by a trustee and a committee of inspection as they apply in relation to the administration of such property by the Official Assignee and “trustee” shall be substituted for “Official Assignee” in such provisions where appropriate.”;
(xi) by the substitution for rule 136 of the following rule:
“136.An Account called the “Bankruptcy Dividend Account” shall be kept in the Bank in the name of the Official Assignee. After an Order has been made in any matter of bankruptcy or arrangement for payment of a dividend or cash composition, the Official Assignee (or in his absence the Deputy Official Assignee) shall transmit to the Bank an authority in writing or by electronic means to transfer from the estate account (hereinafter mentioned) of such matter to the credit of the Bankruptcy Dividend Account the total amount of such dividend or cash composition and to pay the creditors, to whom the dividend or cash composition is payable, the respective amounts to which the said creditors are entitled as approved by the Court, and to charge the amounts so paid to the Bankruptcy Dividend Account.”;
(xii) by the substitution for sub-rule (1) of rule 141 of the following sub-rule:
“(1) The Official Assignee shall, immediately after the expiration of six months from the date of issue of any payments payable on the order for distribution of the estate or any part thereof cause a list of unpaid dividends or cash compositions, and of all other money unclaimed, to be prepared. The Official Assignee shall direct such notices to be served relative thereto as he may think fit, and when satisfied that the dividends, compositions or other sums in such list are properly transferable to the Official Assignee — Unclaimed Dividend Account shall give directions for the immediate transfer of the same.”;
(xiii) by the substitution for rule 142 of the following rule:
“142.(1) When, after an authority for payment out of the Bankruptcy Dividend Account has been transmitted to the Bank, any debt comprised therein shall be expunged or reduced or a stay shall be placed upon the payment of any dividend or composition specified in such authority, the Official Assignee shall thereupon issue to the Bank an instruction by electronic means or otherwise, cancelling the authority of the Bank to pay the amount of the dividend or composition upon the debt expunged or reduced or upon which the stay has been placed, and shall issue an instruction to the Bank by electronic means or otherwise to transfer such amount from the Bankruptcy Dividend Account to the account of the estate out of which such dividend or composition is payable, and the amount so transferred shall be brought to the credit of the said estate. After receipt of such direction as aforesaid the Bank shall not make payment of the amount therein specified on foot of the original authority.
(2) When, after any such authority as aforesaid has been lodged in the Bank, the right to receive payment of a sum therein specified has been transferred to or devolves upon a person (hereinafter called “the new payee”) other than the person named in the authority as the person entitled to receive payment of such sum, the Official Assignee shall thereupon issue an instruction to the Bank by electronic means or otherwise cancelling the original authority in so far as it refers to such sum and shall issue a new instruction to the Bank to make payment of the said sum to the new payee and the Bank shall not, after receipt of such instruction, make payment of all or any part of the said sum to the person named in the original authority as entitled to receive payment thereof. The Official Assignee may, however, in any case require that application for payment be made to the Court.”;
(xiv) by the substitution for sub-rule (1) of rule 160 of the following sub-rule:
“(1) The following records, in electronic format or otherwise, shall be kept by the Official Assignee:—
(a) a record of debtors, containing a record of debts due to each estate and amounts recovered,
(b) a record of creditors, containing a record of the claims on each estate,
(c) a cash account, containing a record of all receipts and payments,
(d) a bankruptcy estate file, containing a debtor and creditor account of each estate,
(e) copies of all deeds, securities and valuables delivered to him, and
(f) copies of all books and papers delivered to him.”;
(xv) by the substitution for rules 162 to 166 inclusive of the following rules:
“162.(1) Where at a sitting for distribution it shall appear to the Court that the requirements of section 85B(1)(a) of the Act have been fulfilled, the Court shall, upon receipt of a report from the Official Assignee confirming that provision has been made for payment of the expenses, fees, costs and preferential payments due in the bankruptcy, order that the bankruptcy be discharged.
(2) No application shall be made under this rule until the Official Assignee has ascertained the debts and liabilities of the bankrupt.
163. (1) An application by a bankrupt for an order discharging his bankruptcy on the ground set forth in section 85B(1)(b) of the Act shall be grounded upon an affidavit of the bankrupt exhibiting a consent to such discharge, in the Form No. 35, from each of his creditors. Notice of the application and a copy of such affidavit shall be served upon the Official Assignee not less than ten days prior to the hearing thereof.
(2) The Court shall, upon receipt of a report from the Official Assignee confirming that provision has been made for payment of the expenses, fees, costs and preferential payments due in the bankruptcy, order that the bankruptcy be discharged.
(3) No application shall be made under this rule until the Official Assignee has ascertained the debts and liabilities of the bankrupt.
164. (1) An application under section 85D(1) of the Act for a bankruptcy payment order shall be made by motion in the bankruptcy on notice to the bankrupt, grounded on an affidavit sworn by or on behalf of the applicant, specifying the amount of the bankruptcy payment order sought and the reasons for the application.
(2) An application under section 85D(5) of the Act shall be made by motion in the bankruptcy on notice to the Official Assignee or the trustee in bankruptcy or (as the case may be) the bankrupt, grounded on an affidavit sworn by or on behalf of the applicant setting out the reasons why the bankruptcy payment order concerned should be varied.”;
(xvi) by the substitution for rule 167 of the following rule:
“167.Where an order for payment of the costs of the petitioning creditor is made under section 12 of the Act, such costs shall, when taxed and ascertained, be paid out of the first net proceeds of the estate of the bankrupt next in priority to the costs, fees and expenses of the Official Assignee, unless the Court otherwise orders.”, and
(xvii) by the substitution for rule 168 of the following rule:
“168.(1) The following applications under the Act shall be brought by motion on notice grounded upon an affidavit sworn by or on behalf of the moving party:
(a) an application for an order pursuant to section 44B(1) of the Act;
(b) an application by the Official Assignee to compel compliance by a discharged bankrupt to co-operate in accordance with section 85(4) of the Act;
(c) an application for annulment of an adjudication pursuant to section 85C(1)(b) of the Act.
(2) A debtor may, by motion on notice to the creditor concerned, apply to the Court to strike out, dismiss or stay a bankruptcy summons or a petition:
(a) issued or presented by a specified creditor in respect of a specified qualifying debt, during the supervision period of a Debt Relief Notice issued under section 31 of the Personal Insolvency Act 2012 in respect of the debtor, or
(b) issued or presented by a creditor in respect of a debt covered by a Debt Settlement Arrangement (within the meaning of section 2 of the Personal Insolvency Act 2012 ) which is in effect in respect of the debtor, or
(c) issued or presented in respect of a debt covered by a Personal Insolvency Arrangement (within the meaning of section 2 of the Personal Insolvency Act 2012 ) which is in effect in respect of the debtor.
(3) On the date first fixed for the hearing of any motion referred to in sub-rule (1) or sub-rule (2), the Court may give such directions and make such orders, including the fixing of time limits, for the conduct of proceedings on the application, as appears convenient for the determination of the application in a manner which is just, expeditious and likely to minimise the costs of the application.”.
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paragraphs: Appendix O to the Rules of the Superior Courts is amended by the substitution for the Forms therein numbered 1, 2, 4, 6, 11, 13, 15, 23, 24, 35, 46 and 48 of the Forms bearing the like numbers respectively set out in Schedule 1.