This section will be updated with information relevant to stakeholders, including periodic e-Briefs and Court Judgments.
The ISI has decided to formalise its communications to stakeholders as an e-Brief that will issue on a periodic basis. All e-Briefs will be posted below as they are issued.
(2) Court Judgments
This section will be updated with links to relevant court judgments
Hickey - calculation of the 14-day period [January 2017]
Interpretation of relevant debt in section 115A(9) [January 2017]
Interpretation of the time limit for a creditor objection to a debtor review application - section 115A (3) [April 2017]
Smyth case – Continuance of bankruptcy proceedings following a failed DSA proposal [January 2017]
JD case - Creditor claim of unfair prejudice where co-mortgagor and co-borrower did not agree to the PIA and where the creditor has concerns that spouse's court approved maintenance obligations, that were part of the debtor's means, would be honoured during the arrangement term; past conduct of debtor; calculation errors.
(3) Electronic Communications Agreement
Section 134 of the Act provides for the giving of notices between parties, and the methods through which such notices may be given and received. In particular, it provides that where notices are given by electronic means, agreement must have been made in advance by the person giving and the person receiving such notice. In July 2014, the ISI invited Approved Intermediaries, Personal Insolvency Practitioners and creditors to sign an Electronic Communications Agreement that provided for the electronic exchange of information with and between all the relevant parties to the agreement.Taking into account the reality that most exchanges are carried out electronically, the ISI would ask that all Approved Intermediaries, Personal Insolvency Practitioners and creditors not already signed up to the agreement might do so as soon as possible. Any queries should be directed to ISI’s Policy Team at firstname.lastname@example.org.