Bankruptcy Act 1988

Bankruptcy summons.

(New: cf. 1872, s. 30 in pt.)

8

8. F10 [ (1) A summons (in this Act referred to as a bankruptcy summons ) may be granted by the court to a person (in this section referred to as the creditor ) who proves that

( a ) a debt of more than 20,000 is due to the creditor concerned by the person against whom the summons is sought,

( b ) the debt is a liquidated sum, and

( c ) the creditor concerned has given not less than 14 days F11 [ notice in the prescribed form to the debtor ] of the creditor s intention to apply for a bankruptcy summons and the debt remains unpaid. ]

(2) A bankruptcy summons may be granted to two or more creditors who are not partners and whose debts amount together to F12 [ more than 20,000 ] or more. In such a case, to comply with the requisitions contained in the summons a debtor must pay or compound for the debts or give security for them to all the creditors who are parties to the summons, unless they otherwise agree.

(3) The notice requiring payment of the debt shall set out the particulars of the debt due and shall require payment F11 [ within 14 days ] after service thereof on the debtor.

(4) The bankruptcy summons shall be in the prescribed form.

(5) A debtor served with a bankruptcy summons may apply to the Court in the prescribed manner and within the prescribed time to dismiss the summons.

(6) The Court—

( a) may dismiss the summons with or without costs, and

( b) shall dismiss the summons if satisfied that an issue would arise for trial.

Annotations:

Amendments:

F10

Substituted (3.12.2013) by Personal Insolvency Act 2012 (44/2012), s. 144(a), S.I. No. 462 of 2013.

F11

Substituted (3.12.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 28(a), (b), S.I. No. 463 of 2013.

F12

Substituted (3.12.2013) by Personal Insolvency Act 2012 (44/2012), s. 144(b), S.I. No. 462 of 2013.

Modifications (not altering text):

C11

Application of section restricted (31.07.2013) by Personal Insolvency Act 2012 (44/2012), s. 35(2)(b), s. 79(4), (5) and s. 116(4), (5), S.I. No. 285 of 2013.

Effect of issue of Debt Relief Notice.

35.—...

(2) A specified creditor shall not, during the supervision period concerned, in respect of a specified qualifying debt, present, apply for or proceed with— ...

( b) a summons under section 8 of the Bankruptcy Act 1988.

...

Effect of Debt Settlement Arrangement.

79.— ...

(4) Where a Debt Settlement Arrangement is in effect, a creditor of that debtor shall not apply for the issue of a summons under section 8 of the Bankruptcy Act 1988 or present a petition to have the debtor concerned adjudicated a bankrupt in respect of a debt covered by the Debt Settlement Arrangement.

(5) Where a Debt Settlement Arrangement is in effect, and a creditor of that debtor has applied for the issue of a summons under section 8 of the Bankruptcy Act 1988 or has presented a petition to have the debtor concerned adjudicated a bankrupt in respect of a debt covered by the Debt Settlement Arrangement, the creditor shall not proceed with the summons or the petition.

...

Effect of Personal Insolvency Arrangement.

116.— ...

(4) Where a Personal Insolvency Arrangement is in effect, a creditor of that debtor shall not apply for the issue of a summons under section 8 of the Bankruptcy Act 1988 or present a petition to have the debtor concerned adjudicated a bankrupt in respect of a debt covered by the Personal Insolvency Arrangement.

(5) Where a Personal Insolvency Arrangement is in effect, and a creditor of that debtor has applied for the issue of a summons under section 8 of the Bankruptcy Act 1988 or has presented a petition to have the debtor concerned adjudicated a bankrupt in respect of a debt covered by the Personal Insolvency Arrangement, the creditor shall not proceed with the summons or the petition.

...

C12

Application of Act extended by Taxes Consolidation Act (39/1997), s. 960M, as inserted (1.03.2009) 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:

E9

Application of section restricted (31.07.2013) by Personal Insolvency Act 2012 (44/2012), s. 35(2)(b), s. 79(4), (5) and s. 116(4), (5), S.I. No. 285 of 2013.

E10

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.; substituted as per F-note above.

E11

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