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Bankruptcy

What is Bankruptcy?

Bankruptcy is a formal, High Court process for people in debt over €20,000. Before applying for bankruptcy, a person must first have explored the alternative solutions to Bankruptcy such as a DSA or PIA.

If a DSA ior PIA is not suitable, Bankruptcy is the only statutory solution available.

Is Bankruptcy the best option for me?

Bankruptcy is ideal for individuals who have unmanageable debts, and who are unable to reach an agreement with creditors through other solutions like a PIA or DSA.

Primary Purpose

Help you return to financial stability and make a fresh financial start.

What it Covers

Includes most debts. Some debts, such as criminal court fines, cannot be included.

Term Length

Usually lasts for 1 year. Certain restrictions on assets or income may continue for up to 3 years.

At a Glance

Why Select Bankruptcy?

Our Step-by-Step Process

Get RELIEF - real solutions for real debt problems

R

Reach Out

Make a confidential, no-obligation enquiry. You’ll have an initial consultation with a member of our team who will explain your options and what to expect.

E

Expert Consultation

Meet with Tatiana McGreal, our experienced and authorised Personal Insolvency Practitioner (PIP). She’ll review your financial situation in detail and answer any questions you have.

L

Learn Your Options

Receive clear, tailored advice based on your unique circumstances including what bankruptcy involves, and what the consequences and benefits are.

I

Initiate Legal Protection

File your bankruptcy with the Court and begin the legal process.

E

Estate Management

Your assets (if any) will be managed or sold by the Official Assignee to pay creditors.

F

Fresh Start

After bankruptcy (usually one year) you’re discharged and can begin rebuilding your finances.

Understanding your options

Frequently Asked Questions

What is bankruptcy?

Bankruptcy is a legal process that helps individuals who cannot repay their debts and have been unsuccessful in obtaining agreement on an alternative solution such as a PIA or DSA, to have most of those debts legally written off, giving them a fresh financial start.

Who qualifies for bankruptcy?

Anyone who is insolvent (cannot pay debts as they fall due) with total debts over €20,000, and who cannot resolve those debts through a PIA or DSA, may apply to be adjudicated bankrupt by the High Court if they meet the Irish jurisdiction test.

Will I lose my home if I go bankrupt?

Possibly but not necessarily. When you are made bankrupt, your share in the family home transfers to the Official Assignee. While it’s possible you could lose your home, it doesn’t always happen.

If your home is in negative equity (meaning it’s worth less than the mortgage owed), the Official Assignee usually won’t sell it straight away.

If your home is in positive equity (meaning it’s worth more than what’s owed on the mortgage), the Official Assignee will first offer to sell their share of the home to your spouse or civil partner, if you have one.

The Official Assignee can’t sell your home without permission from the High Court. If they decide not to sell the home within three years of your bankruptcy, ownership will normally go back to you, unless another arrangement has been made.
Every situation is different, so it’s a good idea to get advice about your own circumstances.

What debts are included in bankruptcy?

Most personal debts are included, such as credit cards, personal loans, utility bills, and mortgage shortfalls. However, some debts like court fines, child maintenance, and certain taxes are not discharged.

How long does bankruptcy last?

Bankruptcy usually lasts for 1 year. After discharge, most debts are cleared, but certain restrictions on assets and income may continue for up to 3 years.

Does Bankruptcy require creditor approval?

Bankruptcy doesn’t require creditor approval — it’s a court-led solution.

What does it mean to be declared bankrupt?

All assets are transferred to a person called the Official Assignee, who is based in the Bankruptcy Division of the ISI. The Official Assignee then arranges for the assets to be sold, and the money generated is distributed to your creditors.

What happens after my bankruptcy ends?

After discharge from bankruptcy, all of your debts will be written off. You will then be solvent and be able to regain some financial independence.

Let’s Talk About Your Options Today