IE
S.I. No. 232/2016 - Rules of the Superior Courts (Bankruptcy) 2016.
Table of Provisions (7)
Statutory Text (7 Articles)
1. The petition contains a full and fair description of me as to my name, trade or profession and last and usual place of abode.
*2. (
Where insolvency proceedings are open in another EU Member State
) I refer to a certified copy of the decision /a certificate of theCourt ofappointing ..of.. as liquidator in respect of me upon which marked “A” I have signed my name prior to the swearing hereof. [I further refer to a translation of that decision/certificate into the Irish/English language certified by a person competent and qualified for the purpose, upon which marked “B” I have signed my name prior to the swearing hereof.]
2. Council Regulation (EC) No 1346/2000 does not apply to the proceedings because (
state facts and grounds relied on
), and your petitioner is domiciled in the State (
or specify which of the alternative requirements of Section 11(1)(d) of the
Bankruptcy Act 1988
is fulfilled
).
[Note 3] 3. Insolvency proceedings, which are
*main proceedings, (in accordance with Article 3(1) of Council Regulation (EC) No 1346/2000)
*secondary proceedings, (in accordance with Article 3(3) of Council Regulation (EC) No 1346/2000)
*territorial proceedings, (in accordance with Article 3(4) of Council Regulation (EC) No 1346/2000)
have been opened in respect of your petitioner in a Member State of the European Union to which Council Regulation (EC) No 1346/2000 applies (other than the State), namely in.., by decision of made on 20. .of .. was appointed by the said decision to be liquidator (within the meaning of Article 2(
b
) of Council Regulation (EC) No 1346/2000) in those proceedings concerning your petitioner.
*4. (
Where territorial proceedings are sought and no main proceedings are open in another EU Member State
) The centre of your petitioner’s main interests is situated within the territory of a Member State other than the State, and main proceedings have not been opened in another Member State. The condition referred to in *[Article 3(4)(
a
)] *[Article 3(4)(
b
)] of the Insolvency Regulation is met because (
state facts and grounds relied on, e.g. main proceedings cannot be opened in respect of the debtor where the centre of the debtor’s main interests is situated, because of the conditions laid down by the law of that State
).
Your petitioner therefore requests that your petitioner may be adjudged bankrupt
*[Note 4] in main proceedings, (in accordance with Article 3(1) of Council Regulation (EC) No 1346/2000).
*[Note 5] in secondary proceedings (in accordance with Article 3(3) of Council Regulation (EC) No 1346/2000).
*[Note 6] in territorial proceedings (in accordance with Article 3(4) of Council Regulation (EC) No 1346/2000).
YOUR PETITIONER HEREBY UNDERTAKES to this Honourable Court that, in the event of *his *her being so adjudged, your petitioner will advertise notice of the adjudication in the manner directed by this Honourable Court and bear the expenses of such advertisement. Your petitioner HEREBY INDEMNIFIES the Official Assignee as to the costs, fees and expenses incurred or to be incurred, in the event of such adjudication, by the Official Assignee and allowed by the Court. Your petitioner FURTHER UNDERTAKES to lodge such sums as this Honourable Court may direct to cover such costs, fees and expenses.
Notes
[Note 1] In any appropriate case, one of the following statements may be substituted, where applicable, for the statement at paragraph 1
3. I have, prior to presenting the petition, made reasonable efforts to reach an appropriate arrangement with my creditors relating to my debts by making a proposal for a *Debt Settlement Arrangement *Personal Insolvency Arrangement, to the extent that my circumstances would permit me to enter into such an arrangement. [
give details of proposal.
]
4. The remaining allegations of fact in the said petition are true.
Sworn, &c.
*Delete where inapplicable
No. 19
NOTICE OF ADJUDICATION
THE HIGH COURT
BANKRUPTCY
No.
In the matter of a Bankrupt .of .was on the .day of 20, adjudged Bankrupt
*in main proceedings, (in accordance with Article 3(1) of Council Regulation (EC) No 1346/2000).
*in secondary proceedings, (in accordance with Article 3(3) of Council Regulation (EC) No 1346/2000).
*in territorial proceedings, (in accordance with Article 3(4) of Council Regulation (EC) No 1346/2000).
*the Court having determined that Council Regulation (EC) No 1346/2000 does not apply to the proceedings.
The Bankrupt is required to make full disclosure of his property to the Court. Creditors may prove their debts and choose and appoint a creditors’ assignee. All persons having in their possession or under their control any money or other property of the Bankrupt should pay or deliver the same, and all debts due to the Bankrupt should be paid to Official Assignee, of ., to whom creditors may forward their proofs of debt.
Dated
(Signed)
Examiner
Solicitor
[
address
]
*delete where inapplicable
No. 32
NOTICE OF APPOINTMENT OF TRUSTEE IN BANKRUPTCY
THE HIGH COURT
BANKRUPTCY
............ of was on the... day of... 20... adjudged bankrupt.
At a meeting of the creditors held at .on the... day of...... 20..., it was resolved by the requisite majority in number and value of the creditors that the estate of the said .... be wound up by a trustee and committee of inspection, ... of ....., being appointed trustee for that purpose, and the Court on application made to it in that behalf under
section 110
of the
Bankruptcy Act 1988
on the ..day of .. 20. ordered that the property of the bankrupt be so wound up.
All persons having in their possession or control any money or other property of the Bankrupt should pay or deliver the same, and all debts due to the Bankrupt should be paid, to the said .. at his address aforementioned, to whom creditors may forward their proofs of debt.
(Signed)
Solicitors for the Trustee
No. 34
NOTICE OF ORDER FOR ADMINISTRATION OF ESTATE OF DECEASED INSOLVENT
THE HIGH COURT
BANKRUPTCY
No.
In the matter of .................................... Insolvent Deceased
An order was made on the ..day of .20.for the administration in bankruptcy of the estate of the above named deceased
*in main proceedings, (in accordance with Article 3(1) of Council Regulation (EC) No 1346/2000).
*in secondary proceedings, (in accordance with Article 3(3) of Council Regulation (EC) No 1346/2000).
*in territorial proceedings, (in accordance with Article 3(4) of Council Regulation (EC) No 1346/2000).
*the Court having determined that Council Regulation (EC) No 1346/2000 does not apply to the proceedings.
Creditors may prove their debts and choose and appoint a creditors’ assignee. All persons having in their possession or under their control any money or other property of the deceased’s estate should pay or deliver the same, and all debts due to the deceased’s estate should be paid to Official Assignee, of , to whom creditors may forward their proofs of debt.
Dated
(Signed)
Examiner
Solicitor
[
address
]
*delete where inapplicable
No. 34A
CERTIFICATE UNDER SECTION 85(3G) OF THE BANKRUPTCY ACT 1988
THE HIGH COURT
BANKRUPTCY
No.
I hereby certify pursuant to section 85(3G) of the
Bankruptcy Act 1988
that ALL THAT AND THOSE the estate, right, title and interest of ., of in [
give short description of property indicating whether the same is a freehold or leasehold interest and whether registered or unregistered and, where registered, specifying the folio number(
s
) concerned
],which had vested in me pursuant to the provisions of the
Bankruptcy Act 1988
by virtue of the adjudication of the said as a bankrupt on the day of .20, has re-vested in the said .in accordance with
section 85
of the
Bankruptcy Act 1988
.
Dated
(Signed)
Official Assignee
*delete where inapplicable
No. 39
SUMMONS — SECTION 21, BANKRUPTCY ACT 1988
THE HIGH COURT
BANKRUPTCY
No.
To ................................ of [
state address
];
You are hereby commanded to be and appear before the Court, at the Four Courts, Dublin, on the... day of... 20... at the hour of... oclock in the... noon [and, where appropriate] to be examined [concerning the trade, dealings, affairs or property of the bankrupt] [and, where appropriate] [and also to bring with you and produce at the time and place aforesaid any books of account, other papers or records (including copies of such books of account, other papers or records held in electronic form) in your possession or control relating to the matters aforesaid, including in particular the following:—]
HEREIN FAIL NOT AT YOUR PERIL
GIVEN under the seal of the Court at Dublin, this ..... day of .............
(Signed)
Examiner.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These rules amend Order 76 of the Rules of the Superior Courts, and amend, add and delete certain forms in Appendix O to those rules to facilitate the operation of the
Bankruptcy (Amendment) Act 2015
.
5. Insolvency proceedings, which are
*main proceedings, (in accordance with Article 3(1) of Council Regulation (EC) No 1346/2000)
*secondary proceedings, (in accordance with Article 3(3) of Council Regulation (EC) No 1346/2000)
*territorial proceedings, (in accordance with Article 3(4) of Council Regulation (EC) No 1346/2000)
have been opened in respect of the said debtor in a Member State of the European Union to which Council Regulation (EC) No 1346/2000 applies (other than the State), namely in...., by decision of made on 20.
*Your petitioner
*of
was appointed by the said decision to be liquidator (within the meaning of Article 2(
b
) of Council Regulation (EC) No 1346/2000) in those insolvency proceedings concerning the debtor.
*6. (
Where territorial proceedings are sought and no main proceedings are open in another EU Member State
) In your petitioner’s belief, the centre of the debtor’s main interests is situated within the territory of a Member State other than the State, and main proceedings have not been opened in another Member State. The condition referred to in *[Article 3(4)(
a
)] *[Article 3(4)(
b
)] of Council Regulation (EC) No 1346/2000 is met because (
state facts and grounds relied on, e.g. main proceedings cannot be opened in respect of the debtor where the centre of the debtor’s main interests is situated, because of the conditions laid down by the law of that State, or the opening of territorial insolvency proceedings is requested by a creditor who has his/her domicile, habitual residence or registered office in the State or whose claim arises from the operation of that establishment
).
7. Your petitioner *has/*has not, prior to presenting this petition, received a proposal for a Debt Settlement Arrangement or a Personal Insolvency Arrangement in respect of the debtor [
and, where such proposal had been received, specify the details of the proposal.
]
Your petitioner therefore requests that on proof of the requisites in that behalf, on the hearing of this petition, the said debtor may be adjudged bankrupt
*[Note 5] in main proceedings, (in accordance with Article 3(1) of Council Regulation (EC) No 1346/2000).
*[Note 6] in secondary proceedings (in accordance with Article 3(3) of Council Regulation (EC) No 1346/2000).
*[Note 7] in territorial proceedings (in accordance with Article 3(4) of Council Regulation (EC) No 1346/2000).
YOUR PETITIONER HEREBY UNDERTAKES to this Honourable Court that, in the event of the said debtor being so adjudged your petitioner will advertise notice of the adjudication in the manner directed by this Honourable Court and bear the expenses of such advertisement. Your petitioner HEREBY INDEMNIFIES the Official Assignee as to the costs, fees and expenses incurred, or to be incurred, in the event of such adjudication by the Official Assignee and allowed by the Court. Your petitioner FURTHER UNDERTAKES to lodge such sums as this Honourable Court may direct to cover such costs, fees and expenses.
Dated
(Signed)
(Signed)
Witness
(Name, address and description of witness)
Received thisday of ..20, at the hour of oclock in the noon.
Notes
[Note 1] In the case of the petition of a liquidator in main proceedings which concerns or involves the opening of secondary insolvency proceedings in the State pursuant to Article 27 of Council Regulation (EC) No 1346/2000 (“the Insolvency Regulation”), paragraphs 1-3 above are not required to be included. In the case of the petition of a person other than the liquidator in main proceedings (i.e. a person mentioned in Article 29(
b
) of the Insolvency Regulation) which concerns or involves the opening of secondary insolvency proceedings in the State pursuant to Article 27 of the Insolvency Regulation, paragraphs 1-3 above must be included. In such a case only, the appropriate alternative in the request for relief referring to secondary proceedings or, as the case may be, territorial insolvency proceedings, should be included.
[Note 2] One alternative version only of paragraph 4 must be included.
Under Council Regulation (EC) No 1346/2000—
the “centre of main interests” should correspond to the place where the debtor conducts the administration of his/her interests on a regular basis and is therefore ascertainable by third parties;
“establishment” means any place of operations where the debtor carries out a non-transitory economic activity with human means and goods.
[Note 3] Where this version of paragraph 4 is appropriate to the case, paragraph 5 should be deleted and the remaining paragraphs renumbered.
[Note 4] Where paragraph 5 is required, one alternative version only of that paragraph must be included.
[Note 5] To be completed only if Council Regulation (EC) No 1346/2000 applies and the debtor’s centre of main interests is situated in the State.
[Note 6] To be completed only if Council Regulation (EC) No 1346/2000 applies, insolvency proceedings in respect of the debtor have been opened in another Member State, and the debtor has an establishment in the State.
[Note 7] To be completed only if Council Regulation (EC) No 1346/2000 applies, insolvency proceedings in respect of the debtor have been opened in another Member State, and one of the conditions in Article 3(4) of the Council Regulation is satisfied.
*Delete where inapplicable.
(The following affidavit must be filed to verify the petition, and may be endorsed on the petition).
HE HIGH COURT
BANKRUPTCY
I, the petitioner named in the within petition, make oath and say as follows
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
13
th May
, 2016.
We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the
Courts of Justice Act 1936
, section 67, by virtue of the powers conferred upon us by The
Courts of Justice Act 1924
, section 36, and the
Courts of Justice Act 1936
, section 68 (as applied by the
Courts (Supplemental Provisions) Act 1961
, section 48), the
Courts (Supplemental Provisions) Act 1961
, section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.
Dated this 7th day of April, 2016.
Susan Denham
Peter Kelly
William McKechnie
Mary Laffoy
Mary Finlay Geoghegan
Michael Peart
Anthony Barr
Conor Dignam
Gerard Meehan
Stuart Gilhooly
Mary Cummins
Noel Rubotham
John Mahon
I concur in the making of the following Rules of Court.
Dated this 9th day of May, 2016.
FRANCES FITZGERALD,
Tánaiste and Minister for Justice and Equality.
S.I. No. 232 of 2016
RULES OF THE SUPERIOR COURTS (BANKRUPTCY) 2016