DEBT RESOLUTION IN MODERN ÉIRE: ADVANCES IN PERSONAL BANKRUPTCY, CORPORATE RESCUE AND CROSS-JURISDICTIONAL ISSUES

AUTHOR – TADGH QUILL-MANLEY, STUDENT AT KING’S INNS. EMAIL: TADGHQUILLMANLEY@YAHOO.COM

BEST CITATION – TADGH QUILL-MANLEY, DEBT RESOLUTION IN MODERN ÉIRE: ADVANCES IN PERSONAL BANKRUPTCY, CORPORATE RESCUE AND CROSS-JURISDICTIONAL ISSUES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 448-454, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This article looks at how bankruptcy law in Éire has changed over the past decade, from the stringent provisions of the Bankruptcy Act 1988 to the more debtor-friendly rules of the Personal Insolvency Act 2012. It talks about important changes, such as the integration of EU-linked bankruptcy registers, the European Union (Preventive Restructuring) Regulations 2022, which strengthen directors’ duties to consider creditors’ interests, the upcoming Protection of Employees (Employers’ Insolvency) Bill, and cross-border recognition after Brexit in important cases like Re Keating (2025) and Re Mercer Agencies Limited [2025] IEHC 261.

The analysis discusses the increase in corporate bankruptcies in 2024-2025 as a return to pre-pandemic norms, the low use of rescue processes like examinership and SCARP, and the equity issues in personal debt relief shown by high-profile cases. Even though reforms have made the system more up-to-date and easier to use, there are still problems with predictability, consistency across jurisdictions, and fair treatment of both debtors and creditors. As Éire draws closer to 2030, the article suggests that targeted changes to the law are needed to make the insolvency system truly fair, strong, and equipped to help people get back on their feet.

Keywords:Insolvency Law, Debt, Éire, UK, EU