AIB Bankruptcy Restricton Orders (BRO) statistics: FOI release

Information requested

1. How many Bankruptcy Restricton Orders (BRO) have the AiB issued to undischarged debtors since 1st January 2009 and of these, how many have been successfully imposed, both by the Court and the AiB? 

2. How many of the BRO’s issued since 1st January 2009 by the AiB have been legally challenged in Court by the debtor up to the date:
a) 31st December 2013?
b) 7th March 2022?

3. Of the BRO’s challenged in Court by the debtor since 1st January 2009, how many have been successfully overturned in favour of the debtor?

4. How many of the BRO’s issued since 1st January 2009 contained the bankruptcy allegaton Secton 56B(2)(e) i.e. making an excessive pension contributon and how many have been successfully imposed against the debtor containing this allegaton?

5. How many of the BRO’s issued up to 31st December 2013 contained the bankruptcy allegaton Secton 56B(2)(e) i.e. making an excessive pension contributon?

6. How many BRO’s imposed by the Court since 1st January 2009 have exceeded 10 years in length?

7. What was the longest BRO (in terms of years) the Court had imposed on a debtor up to 31st December 2013?

8. What is the longest BRO (in terms of years) the Court has imposed on a debtor and what year was this applied?

Response

1. How many Bankruptcy Restricton Orders (BRO) have the AiB issued to undischarged debtors since 1st January 2009 and of these, how many have been successfully imposed, both by the Court and the AiB?

AiB Response:
BRO applications made to AiB – 1 April 2015 to 7 February 2022 – 38.
BROs made – 37.

BRO applications made to courts – 1 January 2009 to 7 February 2022 – 250.
BROs made – 249.

All applications for a BRO were submitted to AiB or the court, prior to the date of discharge of the debtor.

2. How many of the BRO’s issued since 1st January 2009 by the AiB have been legally challenged in Court by the debtor up to the date:
a) 31st December 2013?
b) 7th March 2022?

AiB Response: While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because, under Section 17(1) of FOISA, ‘Notice that information is not held’. AiB does not have any information received from Scottish Courts regarding a legal challenge to a BRO.

3. Of the BRO’s challenged in Court by the debtor since 1st January 2009, how many have been successfully overturned in favour of the debtor?

AiB Response: While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because, under Section 17(1) of FOISA, ‘Notice that information is not held’.
AiB does not have any information received from Scottish Courts regarding a legal challenge to a BRO.

4. How many of the BRO’s issued since 1st January 2009 contained the bankruptcy allegaton Secton 56B(2)(e) i.e. making an excessive pension contributon and how many have been successfully imposed against the debtor containing this allegaton?

AiB Response: One BRO.

5. How many of the BRO’s issued up to 31st December 2013 contained the bankruptcy allegaton Secton 56B(2)(e) i.e. making an excessive pension contributon?

AiB Response: 0 BROs.

6. How many BRO’s imposed by the Court since 1st January 2009 have exceeded 10 years in length?

AiB Response: Four BROs.

7. What was the longest BRO (in terms of years) the Court had imposed on a debtor up to 31st December 2013?

AiB Response: Up to 31 Dec 2013 – longest BRO term made was for 12 years.

8. What is the longest BRO (in terms of years) the Court has imposed on a debtor and what year was this applied?

AiB Response: A 13 year term BRO made on 15 March 2016.

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