Alleged inconsistencies in affidavit evidence, retention of commercial unit (April 2020)

Alleged inconsistences in affidavit evidence, retention of commercial unit (May 2020)

Creditors rights against husband (a discharged bankrupt) (see 2019 Judgments)

Lawfulness or otherwise of debt of equity swap

Costs associated with remaining in PPR, disproportionately large

Judgment mortgage creditor treated as an unsecured creditor

Costs

Class of creditor, service and sustainability (see 2019 Judgments)

Class of creditor, service and sustainability (see 2020 judgments)

Creditor’s rights against husband (a discharged bankrupt) (see 2020 Judgments)

Class of creditor

Treatment of jointly-owned property

Living below RLE’s

Relevant Debt/Class of Debt

Applying s.111A in the context of a s.115A application

Class of Creditor, extent of write-down, means of a debtor

Deadline for making an application

​Costs

Court Judgments 2018

Treatment of PPR and other Secured Creditors

Payment History of the Debtor

Court of Appeal – PC Protection Period

Amendment of Orginating Notice of Motion

Serving parties (Under Appeal)

Repayment capacity, special circumstances cost, length of arrangement and role of PIP

 

Identity of Principal Private Residence (“PPR”)

‘Amended’ versus ‘modification’ of a proposal

Validity of Protective Certificate protection

Meeley, Taaffe and Foye – Locus Standi

Court Judgments 2017

Unfair Prejudice. Fixing of interest rate

Locus Standi

PIA – Classes of Creditors

Determination – class of creditor

S.105 valuation process

Determination on warehousing

 

Bankruptcy Judgments

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 policy@isi.gov.ie. PDF of Electronic Communications Agreement form is located here. A copy of the Electronic Communications Register is available here.