Bankruptcy Act 1988
(1857, ss. 298, 299)
45.— F34 [ (1) (a) Subject to paragraph (b) , a bankrupt shall be entitled to retain as excepted articles —
(i) any assistive technology or other aids and appliances associated with the medical treatment and care of the bankrupt, his or her spouse or civil partner within the meaning of the Act of 2010, his or her children and any dependent relative residing with him or her, and
(ii) such articles of clothing, household furniture, bedding, tools or equipment of the bankrupt ’ s trade or occupation or other like necessaries for the bankrupt, his or her spouse or civil partner within the meaning of the Act of 2010, his or her children and any dependent relatives residing with him or her, as the bankrupt may select.
(b) The total value of articles selected by a bankrupt under paragraph (a)(ii) shall not exceed € 6,000 or such further amount as the Court may, on an application by the bankrupt, allow. ]
(2) Where a bankrupt, after selecting the items constituting the excepted articles, requests the Official Assignee, in writing, not to dispose of the remainder of any such articles as are referred to in F34 [ subsection (1)(a)(ii) ] the Official Assignee shall not dispose thereof except in accordance with an order of the Court.
(3) The Court may, on the application of the bankrupt or the Official Assignee, in relation to the remainder of such articles—
( a) postpone the removal and sale thereof;
( b) permit them to remain in the use of the bankrupt;
( c) at any time, order them to be taken by or on behalf of the Official Assignee and to be sold for the benefit of the creditors.
Substituted (1.10.2018) by Civil Liability (Amendment) Act 2017 (30/2017), s. 4(c), S.I. No. 377 of 2018.
Previous affecting provision: subs. (1) amended (3.12.2013) by Personal Insolvency Act 2012 (44/2012), s. 151, S.I. No. 462 of 2013; subsection substituted as per F-note above.
Previous affecting provision: subs. (1) amended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 170 and sch. part 5 item 8, S.I. No. 648 of 2010; subsection substituted as per F-note above.
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; amended as per F-note above.