Bankruptcy Act 1988

Presenting petition.

(1872, s. 20)

11

11. (1) A creditor shall be entitled to present a petition for adjudication against a debtor if—

( a) the debt owing by the debtor to the petitioning creditor (or, if two or more creditors join in presenting the petition, the aggregate amount of debts owing to them) F13 [ amounts to more than 20,000 ],

(1872, s. 21 in pt.)

( b) the debt is a liquidated sum,

( cf. 1857, s. 115)

( c) the act of bankruptcy on which the petition is founded has occurred within three months before the presentation of the petition, and

(New: cf. 1857, s. 409)

( d) the debtor (whether a citizen or not) is domiciled in the State or, F14 [ within 3 years ] before the date of the presentation of the petition, has ordinarily resided or had a dwelling-house or place of business in the State or has carried on business in the State personally or by means of an agent or manager, or is or within the said period has been a member of a partnership which has carried on business in the State by means of a partner, agent or manager.

(1872, s. 21 in pt.)

(2) If a creditor who presents or joins in presenting the petition is a secured creditor, he shall in his petition set out particulars of his security and shall either state that he is willing to give up his security for the benefit of the creditors in the event of the debtor being adjudicated bankrupt or give an estimate of the value of his security. Where a secured creditor gives an estimate of the value of his security, he may be admitted as a petitioning creditor or joint petitioning creditor to the extent of the balance of the debt due to him after deducting the value so estimated in the same manner as if he were an unsecured creditor but he shall on application being made by the Official Assignee after the date of adjudication give up his security to the Official Assignee for the benefit of the creditors upon payment of such estimated value.

(1857, s. 120)

F15 [ (3) Subject to subsections (4) and (5) a debtor may petition for adjudication against himself.

(4) A debtor may not present a petition for adjudication unless the petition is accompanied by an affidavit sworn by the debtor that he has, prior to presenting the petition, made reasonable efforts to reach an appropriate arrangement with his creditors relating to his debts by making a proposal for a Debt Settlement Arrangement or a Personal Insolvency Arrangement to the extent that the circumstances of the debtor would permit him to enter into such an arrangement.

(5) A debtor may not present a petition for adjudication unless the petition is accompanied by a statement of affairs and such statement of affairs discloses that the debts of the debtor exceed the assets of the debtor by any amount greater than 20,000. ]

Annotations:

Amendments:

F13

Substituted (3.12.2013) by Personal Insolvency Act 2012 (44/2012), s. 145(a), S.I. No. 462 of 2013.

F14

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 30(a), commenced on enactment.

F15

Substituted and inserted (3.12.2013) by Personal Insolvency Act 2012 (44/2012), s. 145(b), S.I. No. 462 of 2013.

Modifications (not altering text):

C13

Application of Act extended (1.03.2009) by Taxes Consolidation Act (39/1997), s. 960M, as inserted by Finance (No. 2) Act 2008 (25/2008), s. 97 and sch. 4 para. 1, commenced as per s. 97 and sch. 4 para. 6.

Taking by Collector-General of proceedings in bankruptcy.

960M.— (1) The Collector-General may in his or her own name apply for the grant of a bankruptcy summons under section 8 of the Bankruptcy Act 1988 or present a petition for adjudication under section 11 of that Act in respect of tax (except corporation tax) due and payable or any balance of such tax.

(2) Subject to this section, the rules of court for the time being applicable and the enactments relating to bankruptcy shall apply to proceedings under this section.

Editorial Notes:

E12

Previous affecting provision: subs. (1) amended (1.01.2002) by Bankruptcy Act 1988 (Alteration of Monetary Limits) Order 2001 (S.I. No. 595 of 2001), art. 2 and sch., in effect as per art. 2; further amended as per F-note above.