Written answers

Tuesday, 20 January 2015

Department of Justice and Equality

Bankruptcy Regulations

Photo of Robert DowdsRobert Dowds (Dublin Mid West, Labour)
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317. To ask the Minister for Justice and Equality her views that persons are subject to sufficient rigour within the jurisdiction in relation to bankruptcy arrangements; and if she will make a statement on the matter. [2614/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Official Assignee in Bankruptcy has responsibility for ensuring that the provisions of bankruptcy legislation are fully enforced in the administration of bankruptcy estates. This involves ascertainment of assets in estates and their realisation and distribution of sale proceeds to creditors.

I am informed that the High Court frequently deals with applications from the Official Assignee seeking compliance against individual bankrupt persons who do not cooperate in the bankruptcy process. His investigations have resulted in 3 persons serving jail terms for non cooperation of various types over the last 18 months and there have been 4 extensions of bankruptcy periods on application by the Official Assignee to the Bankruptcy Court.

A fair balance is achieved by the Official Assignee's Office in ensuring that there is a maximum contribution by way of income payment for debtors for discharge of their debts, whilst ensuring debtors retain sufficient income to ensure a reasonable standard of living, within the Reasonable Living Expense Guidelines of the Insolvency Service of Ireland.

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