Bankruptcy Act 1988

Adjudication of arranging debtor.

(New: cf. 1857, s. 353 in pt.)

105

105. (1) The Court may, if it thinks fit, adjudicate the debtor bankrupt if—

( a) he does not, in the prescribed manner and within the time specified in section 91 , file the documents required by that section, or

( b) at the private sitting referred to in section 90 or any adjournment thereof his proposal or any modification thereof is not accepted or approved, or

( c) his proposal is annulled under section 95 (2) , or

( d) at any time after the presentation of his petition for arrangement it is shown that the affidavit filed with the petition is wilfully untrue or that he has not made a full disclosure of his property, assets and liabilities, or

( e) it appears that he does not wish to make a bona fide arrangement with all his creditors, or

( f) his proposal is not reasonable and proper to be executed under the direction of the Court, or

( g) he does not duly attend the private sitting or any adjournment thereof, or

( h) he fails to obey any order of the Court affecting him which may be made in the arrangement matter, or

( i) he is party to any corrupt agreement with his creditors to secure the acceptance of his proposal.

F85 [ (2) On an adjudication under subsection (1) the Court shall proceed as in bankruptcy and cause notice of the adjudication to be given forthwith in the prescribed manner in the Iris Oifigi ú il , and

(a) in at least one daily newspaper circulating in the State, or

(b) by the publication of the notice on the website of the Insolvency Service of Ireland,

and the petitioner shall be subject to the jurisdiction of the Court in the same manner as any other bankrupt, and any proposal which may have been made or accepted or approved shall be void. ]

Annotations:

Amendments:

F85

Substituted (24.12.2013) by Companies (Miscellaneous Provisions) Act 2013 (46/2013), s. 10(b), commenced as per s. 11(4).

Editorial Notes:

E46

Previous affecting provision: section repealed by Personal Insolvency Act 2012 (44/2012), s. 6 and sch. 1, not commenced; repealed (3.12.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 37, S.I. No. 463 of 2013.