Debtor Guide - Bankruptcy
- First published
- 26 March 2024
- Last updated
- 26 March 2024 - see all updates
- Topic
- Bankruptcy
This guide provides general advice on bankruptcy for people who have been made bankrupt
Can my bankruptcy end sooner?
There is one way which your bankruptcy can end sooner, this is called recall. Recall can be achieved by applying to the Accountant in Bankruptcy or the sheriff, however, your creditors can object.
The effect of recall is to restore you, or any person affected by the bankruptcy to the position they were in if the bankruptcy had not been awarded.
If you intend to ask for recall, your trustee must continue to administer your bankruptcy until a decision is made on your application.
Recall
Recall by AiB
AiB can only grant a recall where you have the funds to pay all your debts, fees, and charges.
If AiB rejects an application for recall, you, your trustee, or a creditor can request a review of that decision from AiB.
If you are dissatisfied with that review then you, or the persons previously mentioned, can appeal to the sheriff.
Recall by the sheriff
The sheriff will award recall in all other circumstances, which includes the fact that you can prove that you should not have been made bankrupt.
The creditor who made you bankrupt can also petition the sheriff for recall of your bankruptcy if they have made you bankrupt in error. If a creditor petitions, they will be liable for your trustee’s fees and the cost of the recall.
- First published
- Tuesday, 26 March 2024
- Last updated
- Tuesday, 26 March 2024 - show all updates
- All updates
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