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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 13 July 1988

Bankruptcy Act, 1988 (No. 27)

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Introductory Text
Acts Referred to
Part I Preliminary and General (ss. 1-6)
In force
1. Short title.
In force
2. Commencement.
In force
3. Interpretation.
In force
4. Application of Act to subsisting bankruptcies and arrangements.
In force
5. Expenses.
In force
6. Repeals.
Part II Procedure in Bankruptcy (ss. 7-43)
In force
7. Acts of bankruptcy.
In force
8. Bankruptcy summons.
In force
9. Arrest of absconding debtor.
In force
10. Petition.
In force
11. Presenting petition.
In force
12. Petitioning creditor's costs.
In force
13. Petition or act of bankruptcy agreed between bankrupt and creditor.
In force
14. Adjudication: creditor's petition.
In force
15. Adjudication on debtor's petition.
In force
16. Cause shown against adjudication.
In force
17. Notice of adjudication and statutory sitting.
In force
18. Creditors' assignee.
In force
18A. Revenue Commissioners to furnish certain information to Official Assignee.
In force
19. Duties of bankrupt.
In force
20. Change of name or address, etc.
In force
21. Examination of bankrupt and other persons.
In force
22. Admission of debt due to bankrupt.
In force
23. Arrest of bankrupt, etc.
In force
24. Committal to prison.
In force
25. Examination of persons in custody.
In force
26. Release of bankrupt from prison.
In force
27. Warrant of seizure.
In force
28. Search warrant.
In force
29. Indemnity for persons acting under warrant.
Partnership Cases (ss. 30-37)
In force
30. Actions by Official Assignee and bankrupt's partners.
In force
31. Petition against one or more partners.
In force
32. Furnishing of partnership accounts to Official Assignee.
In force
33. Duty of bankrupt partner.
In force
34. Joint and separate properties.
In force
35. Actions on joint contracts.
In force
36. Proceedings in partnership name.
In force
37. Limited partnerships.
Composition after Bankruptcy (ss. 38-41)
In force
38. Stay on realisation of estate.
In force
39. Offer of composition.
In force
40. Payment of composition.
In force
41. Discharge of adjudication order.
Bankrupt Dying after Adjudication (s. 42)
In force
42. Bankrupt dying after adjudication.
Subsequent Bankruptcy (s. 43)
In force
43. Subsequent bankruptcy.
Part III Administration of Property (ss. 44-86)
Effect of Adjudication on Bankrupt's Property (ss. 44-56)
In force
44. Vesting of property in Official Assignee.
In force
44A. Pensions in Bankruptcy.
In force
44B. Excessive pension contributions by bankrupt.
In force
45. Excepted articles.
In force
46. Certificate of vesting of property in Official Assignee.
In force
47. Vesting in Official Assignee of certain money and securities.
In force
48. Limitation of Official Assignee's powers in relation to copyright.
In force
49. Restrictive clause in agreement or lease.
In force
50. Execution against debtor's property before adjudication.
In force
51. Priority of judgment mortgage.
In force
52. Order to put purchaser in possession.
In force
53. Permission to mortgagee to bid at sale.
In force
54. Discharge of persons delivering property, etc., to Official Assignee.
In force
55. Title to property sold not to be invalidated.
In force
56. Disclaimer of onerous property.
Fraudulent and Voluntary Conveyances (ss. 57-59)
In force
57. Avoidance of fraudulent preferences.
In force
58. Avoidance of certain transactions.
In force
59. Avoidance of certain settlements.
Management Provisions (ss. 60-79)
In force
60. The Official Assignee.
In force
60A. Office of Official Assignee - Transfer of staff.
In force
60B. Delegation of functions of Official Assignee.
In force
60C. Deputy for Official Assignee.
In force
60D. Transfer of records to Insolvency Service.
In force
61. Functions of Official Assignee in bankruptcy and vesting arrangements.
Not yet in force
61A. Statement of affairs
In force
61B. Provision of information to Official Assignee
In force
62. Bankruptcy Inspector and assistants.
In force
63. Protection of Official Assignee.
Repealed
64. Power of Official Assignee to bar entail.
In force
65. Power of Official Assignee to appropriate part of bankrupt's income.
In force
65A. Cesser of section 65.
In force
66. Delivery of property to Official Assignee.
In force
67. Right of Official Assignee to transfer stocks or shares.
In force
68. Right of Official Assignee to inspect goods pawned or pledged.
In force
69. Receipt of property of bankrupt.
In force
70. Claim to property in possession of bankrupt.
In force
71. Allowances to bankrupt.
In force
72. Redirection of letters, etc., addressed to bankrupt.
In force
73. Appointment of receivers and managers.
In force
74. Joint and separate dividends.
In force
75. Debts provable in bankruptcy and arrangements.
In force
76. Proof of debts.
In force
77. Bankruptcy of mercantile agent.
In force
78. Proof for costs of judgment.
In force
79. Disallowance of debts already proved.
Distribution of Estate (ss. 80-86)
In force
80. Priority of expenses, etc.
In force
81. Preferential payments.
In force
82. Distribution of estate.
Repealed
83. Accounts and audit.
In force
84. Official Assignee - Unclaimed Dividend Account.
In force
85. Automatic discharge from bankruptcy.
In force
85A. Objection to automatic discharge from bankruptcy.
In force
85B. Entitlement to discharge from bankruptcy.
In force
85C. Annulment of adjudication in bankruptcy.
In force
85D. Bankruptcy payment orders.
In force
86. Surplus.
Part IV Arrangements under Control of Court (ss. 86A-109)
In force
86A. Prohibition on presentation of petition for arrangement under section 87.
In force
87. Petition for protection.
In force
88. Restriction on dealing with property.
In force
89. Effect of protection on execution orders.
In force
90. Procedure on grant of protection.
In force
91. Filing of statements.
In force
92. Acceptance of proposal.
In force
93. Vesting in Official Assignee.
In force
94. Distribution of property in vesting arrangement.
In force
95. Special private sitting.
In force
96. Carrying proposal into effect.
In force
97. Lodgment with Official Assignee.
In force
98. Certificate of arranging debtor.
In force
99. Publication in relation to arrangements.
In force
100. Taking possession of property by Official Assignee.
In force
101. Discharge of protection order.
In force
102. Surplus.
In force
103. Goods obtained on credit.
In force
104. Private sitting for enquiry.
In force
105. Adjudication of arranging debtor.
In force
106. Partners obtaining protection of the Court.
In force
107. Summoning witnesses.
In force
108. Registration of arrangements.
In force
109. Exclusion of Deeds of Arrangement Act, 1887.
Part V Winding up by Trustee (ss. 110-114)
In force
110. Order for winding up.
In force
111. Vesting in trustee.
In force
112. Powers of trustee, etc.
In force
113. Order of discharge.
In force
114. Powers of Court.
Part VI Estates of Persons Dying Insolvent (ss. 115-122)
In force
115. Petition to administer in bankruptcy estate of person dying insolvent.
In force
116. Effect on personal representative of service of notice of petition.
In force
117. Order for administration under Part VI.
In force
118. Vesting and distribution.
In force
119. Priority of funeral and testamentary expenses.
In force
120. Application of Act.
In force
121. Surplus.
In force
122. Right of retainer restricted.
Part VII Offences (ss. 123-132)
In force
123. Punishment of fraudulent debtors.
In force
124. Absconding debtor.
In force
125. Corrupt agreement with creditors.
In force
126. False claim.
In force
127. Non-disclosure of after-acquired property.
In force
128. Obstructing officers.
In force
129. Obtaining credit or trading under other name.
In force
130. Arranging publication of notice without authority.
In force
131. Criminal liability after annulment.
In force
132. Punishment of offences.
Part VIII Miscellaneous (ss. 133-144)
In force
133. Limitation of actions.
In force
134. Proceedings in private.
In force
135. Power of Court to review its orders.
In force
136. Effect of adjudication on creditors' remedies.
In force
137. Power to stay or restrain proceedings against bankrupt.
In force
138. Winding up of partnerships and deceased persons' estates.
In force
139. Prohibition on distress after adjudication or protection.
In force
140. Evidence of deceased person.
In force
140A. Registration of judgments given in insolvency proceedings.
In force
140B. Publication in relation to insolvency proceedings.
In force
140C. Provision of certain documents to Official Assignee.
In force
140D. Restriction of right of access to personal data in certain circumstances
In force
141. Publication of certain notices to be evidence.
In force
142. Acting in aid of other courts.
In force
143. Alteration of monetary limits.
In force
144. Regulations and orders.
In force
First Schedule Proof of Debts
In force
Second Schedule Repeals