The actual sections
Section 133 (b) (4) A debtor may not present a petition for adjudication unless the petition is accompanied by an affidavit sworn by the debtor that he has, prior to presenting the petition, made reasonable efforts to reach an appropriate arrangement with his creditors relating to his debts by making a proposal for a Debt Settlement Arrangement ora Personal Insolvency Arrangement to the extent that the circumstances of the debtor would permit him to enter into 15 such an arrangement.
(5) A debtor may not present a petition for adjudication unless the petition is accompanied by a statement of affairs and such statement of affairs discloses that thedebts of the debtor exceed the assets of the debtor by any 20 amount greater than €20,000.
Section 136 15.—(1) Subject to subsection (2), where thepetition for adjudication is presented by the debtor the Court may, where it considers it appro priate to do so, and where it is satisfied that the debtor is insolvent and unable to meet his engage ments with his creditors, by order adjudicate the debtor a bankrupt.
(2) Before making an order under subsection (1), the Court shall consider the nature and value of assets available to the debtor, the extent of his liabilities, and whether the debtor’s inability to meet his engagements could, having regard to those matters and the contents of the debtor’s statement of affairs filed with the Court, be more appropriately dealt with by means of—
(a) a Debt Settlement Arrangement, or
(b) a Personal Insolvency Arrangement,
and where the Court forms such an opinion the court may adjourn the hearing of the petition to allow the debtor an opportunity to enter into such of those arrangements as is specified by the Court in adjourning the hearing.”.
Section 143
85.—(1) Subject to subsection (2) and section 85A every bankruptcy shall, on the 3rd anniversary of the date of the making of the adjudication order in respect of that bankruptcy, unless prior to that date the bankruptcy has been discharged orannulled, stand discharged.
85A.—(1) The Official Assignee or a creditor of the bankrupt may, prior to the discharge of a bankrupt pursuant to section 85, apply to the Court to object to the discharge of a bankrupt from bankruptcy in accordance with section 85 where the Official Assignee or the creditor concerned believes that the bankrupt has—
(a) failed to co-operate with the Official Assignee in the realisation of the assets of the bankrupt, or
(b) hidden from or failed to disclose to the Official Assignee income or assets which could be realised for the benefit of the creditors of the bankrupt.
85D.—(1) The Court may on application being made to it by the Official Assignee, the trustee in bankruptcy or a creditor make an order requiring a bankrupt to make payments to the Official
Assignee or the trustee in bankruptcy from his income or other assets for the benefit of his creditors (a “bankruptcy payment order”).
(2) The application referred to in subsection (1) may not be made after the bankrupt has been discharged from bankruptcy.
(3) An order made under subsection (1) shall not require a bankrupt to make payments for a period of more than 5 years, but nothing in subsection (2) shall prevent a bankruptcy payment order
having effect after the bankrupt has been dis charged from bankruptcy.
(4) In making an order under subsection (1) the Court shall have regard to the reasonable living expenses of the bankrupt and his family and the Court may also have regard to any guidelines on reasonable expenditure and essential income published by the Official Assignee or by the Insolvency Service.
(5) The Court may vary a bankruptcy payment order where there has been a material change in the circumstances of the person required to make the payments.
(6) Where a bankruptcy payment order is inforce as respects a bankrupt the provisions of section 65 shall not apply to the bankrupt.”.