Written answers

Tuesday, 16 January 2018

Department of Justice and Equality

Bankruptcy Data

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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532. To ask the Tánaiste and Minister for Justice and Equality the number of bankruptcy cases in which the official assignee has sought or is seeking a payment in respect of the positive equity in the home of the person that has become bankrupt; and if he will make a statement on the matter. [54801/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I can inform the Deputy that the Insolvency Service of Ireland (ISI) has confirmed that the total number of cases where the Official Assignee has brought an application to sell his interest in a Family Home is 43. Five of these cases have been completed and 38 cases are still before the Courts. There have been no forced sales.

Under Section 61(4) of the Bankruptcy Act 1988  (as amended by the Bankruptcy Amendment Act 2015), the Official Assignee cannot dispose of any property which is the family home of a person who has become bankrupt, without the prior permission of the High Court. (The same Section also applies if the property is the shared home of the person, within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010).

Where the Official Assignee applies to the High Court for such permission, the Court has the power (under Section 61(5) of the Bankruptcy Act (as amended)) to order postponement of any disposal of the home, having regard to the interests of the spouse or civil partner, and of any dependants, of the bankrupt person, as well as to the interests of creditors, and will have regard to all the circumstances of the case.

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