Filter

Question

530. Deputy Michael McGrath asked the Minister for Justice and Equality the number of bankruptcies that have been annulled or set aside in each year since 2011 and to date in 2015; and if she will make a statement on the matter. [20751/15]

Answer

Minister for Justice and Equality (Deputy Frances Fitzgerald): The Insolvency Service of Ireland has provided the figures for the numbers of bankruptcies annulled or set aside in the years from 2011 to date in 2015 and these are in the table. The figures show that there are very few annulments each year.
It is the High Court who decides on any 'overturning' of a bankruptcy which can occur in a number of different ways. These include:
(1) "Show cause" applications, pursuant to Section 16 of the Bankruptcy Act 1988, where a bankrupt person has 3 days from being served with the adjudication order (or up to 14 days if the Court extends time) to "show cause" to the Court against the validity of the adjudication and must show the Court that the requirements of section 11 (1) of the Bankruptcy Act, as amended, have not been complied with;
(2) Annulment applications, pursuant to Section 85(c) of the Bankruptcy Act, as amended, where the person 'in the opinion of the Court ought not to have been adjudicated bankrupt'. Generally, this means that there must have been some fundamental error or misunderstanding existing at time of the bankruptcy order that if known at the time would have rendered the order void;
(3) Appeal to the Supreme Court/Court of Appeal - as with any order of the High Court.

Year Number of Annulments per year
2015 1
2014 5 (4 annulments and one set aside)
2013 None
2012 4
2011 2