Joan Burton stated on radio yesterday that the legislation would be passed in December.
Key Post A DIY bankruptcy guide - contributors wanted!
- Thread starter Brendan Burgess
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Joan Burton stated on radio yesterday that the legislation would be passed in December.
Matthew Moore
Registered User
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So, it's here now and as promised I'll try to explain as much as I can of the process so far.
First step, read this guide [broken link removed] and possibly seek legal advice. Consider http://www.flac.ie/ if money is tight. You may also need to contact a PIP to see whether your circumstances would permit you to enter into a PIA or DSA.
If you've done all the above and still wish to proceed the next step is to lodge €650 to the account of the Official Assingee (OA). The account details are as follows:
Name & Address of Bank: AIB Bank, Capel Street, Dublin 1.
Sort Code: 93 11 01
Account Number: 44043077
IBAN:(if applicable) IE79 AIBK 9311 0144 0430 77
BIC: AIBKIE2D
Account Name: Official Assignee in Bankruptcy
Reference: (Please include a reference description
for identification purposes e.g. your name)
If lodging the money in a branch make sure you get your name on the lodgement as a reference, on both the main slip and the little tab. Make sure you fill in the details on the tab and have this tab stamped.
You now need to scan the tab and email it to the OA's office at this address: [email protected]
Don't forget to include you name, address, details of account you lodged into and a scan of the lodgement slip in the email.
You should receive a receipt back by email from the OA. This receipt is very important, you will need it for the Examiners Office.
This should be all your pre-adjudication dealings with the OA's office.
The next step is to fill in the following documents:
Petition and Affadavit
[broken link removed]
Statement of Affairs
[broken link removed]
These documents will need to be sworn and stamped but first they should be lodged in draft with the Examiners Office for approval. You will need to provide the Examiners Office with the receipt for the lodgement to the OA's account.
First step, read this guide [broken link removed] and possibly seek legal advice. Consider http://www.flac.ie/ if money is tight. You may also need to contact a PIP to see whether your circumstances would permit you to enter into a PIA or DSA.
If you've done all the above and still wish to proceed the next step is to lodge €650 to the account of the Official Assingee (OA). The account details are as follows:
Name & Address of Bank: AIB Bank, Capel Street, Dublin 1.
Sort Code: 93 11 01
Account Number: 44043077
IBAN:(if applicable) IE79 AIBK 9311 0144 0430 77
BIC: AIBKIE2D
Account Name: Official Assignee in Bankruptcy
Reference: (Please include a reference description
for identification purposes e.g. your name)
If lodging the money in a branch make sure you get your name on the lodgement as a reference, on both the main slip and the little tab. Make sure you fill in the details on the tab and have this tab stamped.
You now need to scan the tab and email it to the OA's office at this address: [email protected]
Don't forget to include you name, address, details of account you lodged into and a scan of the lodgement slip in the email.
You should receive a receipt back by email from the OA. This receipt is very important, you will need it for the Examiners Office.
This should be all your pre-adjudication dealings with the OA's office.
The next step is to fill in the following documents:
Petition and Affadavit
[broken link removed]
Statement of Affairs
[broken link removed]
These documents will need to be sworn and stamped but first they should be lodged in draft with the Examiners Office for approval. You will need to provide the Examiners Office with the receipt for the lodgement to the OA's account.
The first document is quite complicated, are you sure it's you that fills out the first two pages, the second half, is much easier, which is referred to as the Affadait in the explanation just before it, but that part is definitely the bankruptcy applicant.
Have you filled it out yet Pat2? I suppose before you fill out anything you can ask the IS office how it should be done. A filled out template would be handy.
The statement of Affairs is quite straight forward. But odd at the end as it has a space for a solicitors signature, but you don't have a solicitor and it's not necessary. It also says that you have to sign each page, and there is a space at the end of each division of assets and liabilities, but it's actually not at the bottom of each page. Probably doesn't matter.
Matthew Moore
Registered User
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Bit bewildered by the first document myself. It seems to my untrained eyes that you eliminate the sections that don't apply in the first two pages. I'm trying to get some (free) legal advice on filling the form in and will post same when I get it.
http://www.irishtimes.com/news/crim...eclared-under-new-three-year-regime-1.1623676
Above is an interesting article on what appears to be bankruptcies under the new regime. And it does seem people are going it alone, (without legal or other help) and succeeding. I would assume that these people were already in the 'system'.
Of particular note for those wanting to go it alone. There's a PIP there who seems to be willing to offer practial and presumably professional help for an excellent fee of what looks about 1K plus VAT. He mentioned 2K but that includes the €650 mandotory cost.
Doing things alone can work for many people, but there will always be those that need a bit of help. So now you know where to go.
Above is an interesting article on what appears to be bankruptcies under the new regime. And it does seem people are going it alone, (without legal or other help) and succeeding. I would assume that these people were already in the 'system'.
Of particular note for those wanting to go it alone. There's a PIP there who seems to be willing to offer practial and presumably professional help for an excellent fee of what looks about 1K plus VAT. He mentioned 2K but that includes the €650 mandotory cost.
Doing things alone can work for many people, but there will always be those that need a bit of help. So now you know where to go.
I'll have a better read of it this evening as I too found it bewildering. Can you not ask the OA or the insolvency service for help on the form? I presume you're getting legal advice via FLAC?
Maybe the website of the insolvency service has a 'how to fill out forms' section? Probably too much to hope for there, they are too busy on important stuff maybe.
Matthew Moore
Registered User
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- 286
Yes, I've been to a FLAC drop in clinic. I may have to visit again if they can help with the forms. The OA and Insolvency Service are 1 of the same now. The other office that you deal with is the Examiners Office and the forms are to be submitted to them.
There appears to be a "How to" section coming to ISI website soon. Taken from the documents page "Notes on the completion of bankruptcy forms for debtors who wish to have themselves adjudicated bankrupt will appear here in due course."
I was just onto the ISI, I am now even more confused than I was before I rang. I was asking about the advertising fees (what I am posting below, is printed at the bottom of each page on the bankruptcy info on ISI)
* The Companies (Miscellaneous Provisions) Bill 2013 contains a provision which, if passed, will provide an alternative to the requirement to advertise details of a petition for bankruptcy in a national newspaper. The provision provides for a person to publish details of the bankruptcy on the ISI website, at no cost.
It has now been passed at the end of December and has changed to this:
"*The Companies (Miscellaneous Provisions) Act 2013 contains a provision which provides an alternative to the requirement to advertise details of a petition for bankruptcy in a national newspaper. The provision provides for a person to publish details of the bankruptcy on the ISI website, at no cost"
Transfer €650 to the Official Assignee in the Bankruptcy Division of the ISI, either electronically or using an interbank transfer.
The necessary stamp duty must be paid and currently it is €82.50 for the Petition and €20 for the Affidavit
Total is €752.50
The girl on the phone told me that I am to write in the bankruptcy papers that I wish to put the bankruptcy on the ISI and not advertise in the newspaper.
Now, here is where I am confused and the girl didn't clear it up for me,
"Place advert in Iris Oifigiúil & a national daily newspaper* publicising your
bankruptcy"
I understand it that you no longer need to advertise in the national daily newspaper, but do you still have to advertise in the Iris Oifigiuil?
* The Companies (Miscellaneous Provisions) Bill 2013 contains a provision which, if passed, will provide an alternative to the requirement to advertise details of a petition for bankruptcy in a national newspaper. The provision provides for a person to publish details of the bankruptcy on the ISI website, at no cost.
It has now been passed at the end of December and has changed to this:
"*The Companies (Miscellaneous Provisions) Act 2013 contains a provision which provides an alternative to the requirement to advertise details of a petition for bankruptcy in a national newspaper. The provision provides for a person to publish details of the bankruptcy on the ISI website, at no cost"
Transfer €650 to the Official Assignee in the Bankruptcy Division of the ISI, either electronically or using an interbank transfer.
The necessary stamp duty must be paid and currently it is €82.50 for the Petition and €20 for the Affidavit
Total is €752.50
The girl on the phone told me that I am to write in the bankruptcy papers that I wish to put the bankruptcy on the ISI and not advertise in the newspaper.
Now, here is where I am confused and the girl didn't clear it up for me,
"Place advert in Iris Oifigiúil & a national daily newspaper* publicising your
bankruptcy"
I understand it that you no longer need to advertise in the national daily newspaper, but do you still have to advertise in the Iris Oifigiuil?
Matthew Moore
Registered User
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- 286
Hi Dubliner,
Can you post links to the pages that you are referring to?
Maybe publishing in Iris Oifigiuil is free
Update, I got onto the examiners office, who were really helpful with lots of other questions I ended up asking. Examiners office said to ring the ISI again and ask for the OA office. I then spoke to another nice helpful person, she said yes we still have to advertise in the Irish Oifigiuil but lady reckoned it only costs about €40! 
I was dreading it being hundreds. Hope that info is a help to someone out there
I was dreading it being hundreds. Hope that info is a help to someone out there Matthew Moore
Registered User
- Messages
- 286
Thanks, just had a quick scan through it and couldn't see where they mention that the act is passed regarding the advertising.
I know the wording seems that way but have you got it confirmed?
Matthew Moore
Registered User
- Messages
- 286
Update, I got onto the examiners office, who were really helpful with lots of other questions I ended up asking. Examiners office said to ring the ISI again and ask for the OA office. I then spoke to another nice helpful person, she said yes we still have to advertise in the Irish Oifigiuil but lady reckoned it only costs about €40!
Didn't see this reply, sorry. That's great news!
It's on the homepage of ISI, right in the middle, it has this title and link:
What's new
The Companies (Miscellaneous Provisions) Act 2013 has been enacted.
which links to this:
The Companies (Miscellaneous Provisions) Act 2013 has been enacted.
This was passed by the Oireachtas at the end of December and introduces improvements to the operation of the new Debt Relief Notice insolvency process and also allows for a reduction in the costs associated in giving notice of bankruptcy by a person adjudicated bankrupt. The ISI website will be updated shortly to reflect these changes
Examiners office did say to double check that it was correct, I thought they would have known about it, but I think she meant had it been published on the ISI. The OA office verified that it was correct.
What's new
The Companies (Miscellaneous Provisions) Act 2013 has been enacted.
which links to this:
The Companies (Miscellaneous Provisions) Act 2013 has been enacted.
This was passed by the Oireachtas at the end of December and introduces improvements to the operation of the new Debt Relief Notice insolvency process and also allows for a reduction in the costs associated in giving notice of bankruptcy by a person adjudicated bankrupt. The ISI website will be updated shortly to reflect these changes
Examiners office did say to double check that it was correct, I thought they would have known about it, but I think she meant had it been published on the ISI. The OA office verified that it was correct.
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On page 18 of the bankruptcy pdf that I linked in post 73, page 18 has boxes on it, stating the stages you go through for the process, at the bottom of that page, it has the changes about advertising no longer needed in national newspaper
Finally set the bankruptcy in motion last week in New Beginning.
Completed the Statement of Affairs & they are reviewing it.
Go in next week to sign up with my new case solicitor and hand over the bankruptcy costs.
Then another week or two of document filling/reviewing and then filing for the bankruptcy.
Completed the Statement of Affairs & they are reviewing it.
Go in next week to sign up with my new case solicitor and hand over the bankruptcy costs.
Then another week or two of document filling/reviewing and then filing for the bankruptcy.
This is also new on the webiste of the ISI
[broken link removed]
with these rules on the newspaper
In order to advertise on the ISI Website rather than through National Media, you must:
- Obtain permission from the Court through the Examiners Office to advertise on this website.
- Provide a copy of the Notice of Statutory to ISI Bankruptcy Division a minimum of 15 calendar days before the Statutory Sitting
[broken link removed]
Matthew Moore
Registered User
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- 286
I guess it is, same name and townland. In the article it's mentioned that someone else, whose property sale to Codd fell though took the bankruptcy application which was agreed in March last year, and this court case is not a bankruptcy application, but instead is a hearing about what assets Codd has. Not sure how that works though. Also I wonder about the fact it mentions the newspaper requirement being crossed out, but surely that would have to have been completed in March last year, not now.