Bankruptcy Act 1988

85B

F83[Entitlement to discharge from bankruptcy.

85B.(1) A bankrupt shall be entitled to an order discharging him from bankruptcy where provision has been made for the payment of the expenses, fees and costs of the bankruptcy, and for preferential payments, and

(a) he has paid one euro in the euro, with such interest as the Court may allow, or

(b) he has obtained the consent in writing of all of his creditors, whose debts have been proved and admitted in the bankruptcy, or

(c) section 41 (discharge of adjudication order) applies.

(2) The giving of consent by a creditor under subsection (1) constitutes a waiver by that creditor of the right to recover the amount concerned proved and admitted in the bankruptcy.

F84[(2A) An order of discharge shall provide that any property of the bankrupt then vested in the Official Assignee shall be revested in or returned to the bankrupt, and that order shall for all purposes be deemed to be a conveyance, assignment or transfer of that property to the bankrupt and, where appropriate, may be registered accordingly.]

(3) A person whose bankruptcy has been discharged by virtue of this section may apply to the Official Assignee for the issue of a certificate of discharge from bankruptcy. ]

Annotations

Amendments:

F83

Inserted (3.12.2013) by Personal Insolvency Act 2012 (44/2012), s. 157, S.I. No. 462 of 2013.

F84

Inserted (3.12.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 34, S.I. No. 463 of 2013.