Mr. Ross Maguire:

Bankruptcy is a legal process to which a person is entitled as of right provided they meet three criteria. The first is that their debts exceed their assets by €20,000, the second is that they are unable to pay their debts as they fall due and the third is that in so far as their circumstances allow, they have made reasonable efforts to carry out one of the insolvency arrangements. For most people, the insolvency arrangements are not available because their income is below ISI minimum guidelines, which means they cannot use the insolvency system. Therefore, many people are immediately entitled to bankruptcy so the process is relatively straightforward. It is not a question of "will I or won't I". People are entitled to it so the judge has no choice but to declare a person bankrupt.