CHAPTER 43.8
March 2011
DEALING WITH A BANKRUPT’S AFFAIRS IN THE REPUBLIC OF IRELAND
43.8.1 Introduction (amended March 2012)
This chapter provides information and advice on issues of a practical nature when dealing with the bankrupt’s affairs (particularly, assets) in The Republic of Ireland (‘Ireland’).
Chapter 43.0 covers those areas common to all “international” bankruptcies (such as gaining recognition of the insolvency order in another country and the legal basis on which the official receiver, as trustee, is able to deal with assets in overseas).
This chapter deals with assets in the Ireland (also known as Eire). Assets in Northern Ireland are covered in Chapter 43.10.
The chapter is divided into the following parts:
Part 1 – Dealing with a bankrupt’s property in The Republic of Ireland (‘Ireland’) (paragraphs 43.8.2 to 43.8.24)
Part 2 – Registration and publication of a bankruptcy order in the Republic of Ireland (amended May 2012) (paragraphs 43.8.25 to 43.8.31)
The chapter contains the following annexes:
Annex 1 – MP2 for Ireland
Annex 2 – MP3 for Ireland (solely owned properties)
Annex 2a – MP3 for Ireland (jointly owned properties)
Annex 3 – Letter requesting registration of bankruptcy at Irish Land Registry
Annex 4 – Form 81 (application for caution)
Annex 5 – Form 82 (affidavit to accompany Form 81)
Annex 6 – Document explaining disclaimers
Annex 7 – Letter to Official Assignee requesting registration of order when trustee
Annex 8 – template advertisement/gazette notice for Ireland
Annex 9 – Letter to Official Assignee requesting registration of order when receiver and manager
The following abbreviations are used in the Chapter:
EC Regulation – The EC Regulation on Insolvency Proceedings 2000
Ireland – The Republic of Ireland