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Debtor unable to establish a relevant debt for the purposes of Personal Insolvency Arrangement

By: Colm Scott Byrne BL

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High Court refuses application brought by a Personal Insolvency Practitioner brought on behalf of a debtor seeking the confirmation of the coming into effect of a proposed personal insolvency arrangement, on the ground that the debtor was unable to establish a “relevant debt” in order to avail of the legislation, as it was clear that he did not reside at the property in question at any stage during the personal insolvency process.

Application brought by a Personal Insolvency Practitioner brought on behalf of a debtor seeking the confirmation of the coming into effect of a proposed personal insolvency arrangement ("PIA")- s.115A(9) of the Personal Insolvency Acts 2012-2015 - whether the debtor satisfies the eligibility requirements to enable him to avail of s.115A(9) of the Act - whether the plaintiff has established there is a relevant debt as defined by s.115A(18) of the Act - the debtor resided at a property in Cork which he claimed was his principal private residence with his ex-wife - the debtor moved out of the property following the breakdown of their marriage - the debtor did not reside at the property at any point during the insolvency proceedings - whether the debtor was required to reside at the principal private residence - Court refuses to confirm PIA.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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