Where a bankrupt person is not complying with the requirements of the bankruptcy laws the Official Receiver or the trustee may apply to the court for the suspension of the running period of his or her automatic discharge from bankruptcy. Should the court grant the application, it means that the bankrupt will not be automatically discharged from bankruptcy after twelve months, but will continue to be an undischarged bankrupt for a longer period of time.
Capital punishment for even the most heinous criminal offenses has long been abolished in the majority of western democracies with some significant exceptions such as the USA. In regard to personal debt however, the USA has a most benign set of laws dealing with indebtedness both personal and corporate. Contrasting very much in both of these matters is the Republic of Ireland. The death penalty is long eliminated in Ireland but the personal insolvency regime there has been explained by a great many august authorities as unrealistic, rarely used, very costly and exceedingly penal. Continue reading
Most citizens of member states of the European Union (EU) are unaware of certain unexpected benefits that EU membership conveys in relation to personal insolvency. These benefits are rooted in the principle of the free movement of labour which EU citizens enjoy within the EU and are particularly relevant for those who find themselves overburdened by debt and threatened with aggressive insolvency proceedings in certain member states of the EU. Continue reading
Justice Minister Alan Shatter recently circulated the specifics of the Civil Law (Miscellaneous Provisions) Bill which will provide the outcome of decreasing the term of bankruptcy in Ireland. Bankrupts according to the proposed new legislation will ‘enjoy’ guaranteed release from bankruptcy after twelve years but will be legally permitted to submit an application for release from bankruptcy after five years.
A challenge to Ireland’s arcane insolvency legislation might well be made to the High Court in just weeks, in line with a newly released story in The Sunday Independent by Maeve Sheehan. This is certainly an amazing development if a challenge is made because of claimed breaches of the constitutional rights of people looking at bankruptcy. It would be truly astonishing if this might happen and turn into the prompt for reform of the legislation and also the launching of fresh laws on individual personal debt in addition to debt codes. It might be unfair to accuse the new Fine Gael – Labour coalition administration of sitting on its hands on this question, given the inertia and inaction of the former Fianna Fail – Greens administration, that couldn’t manage to get thier combined minds round the idea of personal debt forgiveness. The new administration has had many significant sovereign and banking money issues to cope with but it is now time to deal with business that would help the individual citizen. Continue reading
Time and money are generally major resources in almost any flourishing enterprise. These particular significant building blocks involve and conjure up concepts such as expenses, budgets, output, due dates, earnings funding and so on. The range really is limitless. The analogy with bankruptcy or in other words the legislation dealing with bankruptcy in Ireland springs to mind.
The primary criticisms of Irish individual bankruptcy law are that bankruptcy costs too much and it also lasts too long. Because of the need for the bankruptcy to be dealt with by the high court, costs of the order of £30,000 are the norm. What lender can afford that? Without having any possibility to check out the estate of the bankrupt in advance, what creditor will take a chance on petitioning for a debtor’s bankruptcy without any guarantee that properties and assets realized will take care of such enormous charges, much less begin to settle debts? Continue reading