Written answers
Tuesday, 26 May 2015
Department of Justice and Equality
Insolvency Service of Ireland Data
Michael McGrath (Cork South Central, Fianna Fail)
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530. To ask the Minister for Justice and Equality the number of bankruptcies that have been annulled or set aside in each year since 2011 and to date in 2015; and if she will make a statement on the matter. [20751/15]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Insolvency Service of Ireland has provided the figures for the numbers of bankruptcies annulled or set aside in the years from 2011 to date in 2015 and these are in the table. The figures show that there are very few annulments each year.
It is the High Court who decides on any 'overturning' of a bankruptcy which can occur in a number of different ways. These include:
(1) "Show cause" applications, pursuant to Section 16 of the Bankruptcy Act 1988, where a bankrupt person has 3 days from being served with the adjudication order (or up to 14 days if the Court extends time) to "show cause" to the Court against the validity of the adjudication and must show the Court that the requirements of section 11 (1) of the Bankruptcy Act, as amended, have not been complied with;
(2)Annulment applications, pursuant to Section 85(c) of the Bankruptcy Act, as amended, where the person 'in the opinion of the Court ought not to have been adjudicated bankrupt'. Generally, this means that there must have been some fundamental error or misunderstanding existing at time of the bankruptcy order that if known at the time would have rendered the order void;
(3) Appeal to the Supreme Court/Court of Appeal - as with any order of the High Court.
Year | Number of Annulments per year |
---|---|
2015 | 1 |
2014 | 5 (4 annulments and one set aside) |
2013 | None |
2012 | 4 |
2011 | 2 |
Michael McGrath (Cork South Central, Fianna Fail)
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531. To ask the Minister for Justice and Equality the number of bankruptcies in each year from 2011 to 2014 and in 2015 to date which resulted in the bankrupt persons surrendering their principal private residence; and if she will make a statement on the matter. [20752/15]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am advised by the Official Assignee in Bankruptcy in the Insolvency Service of Ireland that from the years 2011 to 2013 a total of 10 family homes or Principal Private Residences were surrendered. I am advised that an annual breakdown for that period is not available.
From the period 1 January 2014 to 8 March 2015, 177 bankrupt persons surrendered their family home or Principal Private Residence. A further 23 family homes or Principal Private Residences were repossessed by a secured creditor during that time.
Family Home Analysis - all figures relate to both Principal Private Residences and Family Homes
Bankrupts who have surrendered their family home/Principal Private Residence | Repossessed by Secured creditor | |
---|---|---|
2011 - 2013* | 10 | |
1st January 2014 - 8 March 2015 | 177 | 23 |
Breakdown of 177 surrenders as follows | ||
Family Home surrendered and accepted by bank prior to bankruptcy | 34 | |
Family Home abandoned by debtor - not surrendered to creditor | 67 | |
Family Home surrendered post bankruptcy or receiver in place | 31 | |
Receiver appointed/surrender being finalisedby the Official Assignee/other | 45 | |
Total | 177 |
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