S.I. No. 506/2015 - Circuit Court Rules (Personal Insolvency) 2015.

1. a proposal for a Personal Insolvency Arrangement (a copy of which is appended to this application) in respect of the said debtor has been made and has not been approved in accordance with Chapter 4 of Part 3 of the

Personal Insolvency Act 2012

;

2. the debts that would be covered by the proposed Personal Insolvency Arrangement include a relevant debt, within the meaning of section 115A(18) of the

Personal Insolvency Act 2012

;

3. the

*creditors’ meeting referred to in section 115A(16)(a) of the

Personal Insolvency Act 2012

was held on

*date of receipt by me of the notice of the creditor concerned under section 111A(6)

54

of the

Personal Insolvency Act 2012

was

the .day of ..20.;

4. I consider that there are reasonable grounds for the making of this application. The grounds of the application are:-

[

set out the grounds of the application; where for the purposes of the application it is intended to propose that any creditor(s) be considered as a class by the Court, set out clearly the grounds of such proposal

];

5. the debtor has instructed me in writing to make this application, a copy of which instruction is appended to this notice of motion;

6. there is submitted with this application my report (a copy of which is appended to this notice of motion) referred to in section 107(1)(d) of the

Personal Insolvency Act 2012

;

†7. there is submitted with this application a certificate (a copy of which is appended to this notice of motion) with the result of the vote taken at the creditors’ meeting and identifying—

(I) the proportions of the respective categories of votes cast by those voting at the creditors’ meeting, and

(II) the creditors who voted in favour of and against the proposal, and the nature and value of the debt owed to each such creditor;

†7. section 111A

55

of the

Personal Insolvency Act 2012

applies to the proposal and the creditor concerned has notified me under section 111A(6) of the Act that the creditor does not approve of the proposal;

8. I am of the opinion that

(a) the said debtor satisfies the eligibility criteria for the proposal of a Personal Insolvency Arrangement specified in section 91

56

of the

Personal Insolvency Act 2012

.

(b) the proposed Personal Insolvency Arrangement complies with the mandatory requirements referred to in section 99(2)

57

of the

Personal Insolvency Act 2012

;

(c) the proposed Personal Insolvency Arrangement does not contain any terms that would release the said debtor from an excluded debt or an excludable debt (other than a permitted debt) or otherwise affect such a debt.

ADDITIONAL NOTICE TO CREDITORS

TAKE NOTICE that you may, within 14 days of the date of the sending of this notice to you, lodge a notice with the Circuit Court (in the Form 52D, Circuit Court Rules), setting out whether or not you object to the application, and your reasons for this.

Appended to this notice of motion for issue are the following documents

— Copy proposal for a Personal Insolvency Arrangement;

— *Original certificate in Form 52J with the result of the vote taken at the creditors’ meeting;

— Copy report of personal insolvency practitioner referred to in section 107(1)(d) of the

Personal Insolvency Act 2012

, and

— Copy of written instruction of debtor, certified to be a true copy.

Dated this day ................. of ................................. 20..

Signed

Personal Insolvency Practitioner, of , on behalf of the above-named debtor

To: *County Registrar, ..Circuit Court Office at.

*Combined Court Office at .

*office of the Courts Service at..

And To: Insolvency Service of Ireland

And To: the Debtor

And To: [each creditor concerned]

*Delete where inapplicable

†One alternative version of paragraph 7 only should be used and the other deleted

FORM 52J

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

[.] CIRCUIT COUNTY OF [.]

IN THE MATTER OF PART 3, CHAPTER 4 OF THE PERSONAL INSOLVENCY ACT 2012

AND IN THE MATTER OF [.] OF [..], A DEBTOR

CERTIFICATE UNDER SECTION 115A(2)(d)

58

OF THE PERSONAL INSOLVENCY ACT 2012

I, .. of .., personal insolvency practitioner, being the personal insolvency practitioner appointed by the above-named debtor to act as *his/*her personal insolvency practitioner for the purposes of Chapter 4 of Part 3 of the said Act HEREBY CERTIFY pursuant to section 115A(2)(d) of the said Act that

the result of the vote taken at the creditors’ meeting concerning the proposed Personal Insolvency Arrangement for the above-named debtor, held aton the .day of ..20 is as follows

Creditors representing the requisite proportion of debts referred to in section 110(1) of the said Act have not approved the proposal for a Personal Insolvency Arrangement.

*[

TABLE 1

(section 115A(2)(d)(i)(I))

The proportions of the categories of votes under section 110(1) cast by those voting at the creditors’ meeting were as follows

Total debt (see paragraph (a)

59

of section 110(1) of the said Act)

Amount

Percentage of total

Total amount of debt owed to creditors present and voting

100%

Total amount of debt in respect of which creditors present and voting voted in favour of the proposed Personal Insolvency Arrangement

%

Total amount of debt in respect of which creditors present and voting voted against the proposed Personal Insolvency Arrangement

%

Secured debt (see paragraph (b) of section 110(1) of the said Act)

Value

Percentage of total

Total value of secured debt owed to secured creditors present and voting

100%

Total value of secured debt in respect of which secured creditors present and voting have voted in favour of the proposed Personal Insolvency Arrangement

.%

Total value of secured debt in respect of which secured creditors present and voting have voted against the proposed Personal Insolvency Arrangement

%

Unsecured debt (see paragraph (c) of section 110(1) of the said Act)

Amount

Percentage of total

Total amount of unsecured debt owed to unsecured creditors present and voting

100%

Total amount of unsecured debt in respect of which unsecured creditors present and voting have voted in favour of the proposed Personal Insolvency Arrangement

%

Total amount of unsecured debt in respect of which unsecured creditors present and voting have voted against the proposed Personal Insolvency Arrangement

%

TABLE 2

(section 115A(2)(d)(i)(II))

The creditors who voted in favour of and against the proposal, and the nature and value of the debt owed to each such creditor, are as follows

Identity of each creditor who voted in favour of the proposed Personal Insolvency Arrangement

Nature of the debt owed to such creditor and proposed class for the purposes of section 115A (17)(see grounds set out in notice of motion)

Value of the debt owed to such creditor

Proportion of debts due to creditors participating and voting at the creditors’ meeting that is represented by the creditor

[

insert an additional row for each creditor

]

Identity of each creditor who voted against the proposed Personal Insolvency Arrangement

Nature of the debt owed to such creditor

Value of the debt owed to such creditor

Proportion of debts due to creditors participating and voting at the creditors’ meeting that is represented by the creditor

[

insert an additional row for each creditor

]

]

OR

*[section 111A

60

of the said Act applies to the proposal and ., the creditor concerned, has notified me under section 111A(6) that *he *she *it does not approve of the proposal.]

Dated this day .................. of .................. 20..

Signed

To: The *County Registrar, ..Circuit Court Office at.

*Combined Court Office at .

*office of the Courts Service at..

And to: The Insolvency Service of Ireland

And to: [each creditor]

*Delete where inapplicable

EXPLANATORY NOTE

(This note is not part of the Order and does not purport to be a legal interpretation)

These rules amend Order 73 of the Circuit Court Rules consequential upon the amendments effected to the

Personal Insolvency Act 2012

effected by the

Personal Insolvency (Amendment) Act 2015

.

1 Inserted by

section 24

of the

Personal Insolvency (Amendment) Act 2015

.

2 Inserted by

section 24

of the

Personal Insolvency (Amendment) Act 2015

.

3 Inserted by

section 21

of the

Personal Insolvency (Amendment) Act 2015

.

4 As substituted by

section 72

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

.

5 Inserted by

section 7

of the

Personal Insolvency (Amendment) Act 2015

.

6 Substituted by

section 71

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

.

7 Inserted by

section 8

of the

Personal Insolvency (Amendment) Act 2015

.

8 Substituted by

section 71

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

.

9 Inserted by

section 8

of the

Personal Insolvency (Amendment) Act 2015

.

10 As amended by

section 11

of the

Personal Insolvency (Amendment) Act 2015

.

11 As substituted by

section 72

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

.

12 As amended by

section 11

of the

Personal Insolvency (Amendment) Act 2015

.

13 As substituted by

section 86

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and amended by

section 19

of the

Personal Insolvency (Amendment) Act 2015

.

14 Inserted by

section 17

of the

Personal Insolvency (Amendment) Act 2015

.

15 As amended by

section 85

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and substituted by

section 18

of the

Personal Insolvency (Amendment) Act 2015

.

16 Inserted by

section 18

of the

Personal Insolvency (Amendment) Act 2015

.

17 As amended by

section 85

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and substituted by

section 18

of the

Personal Insolvency (Amendment) Act 2015

.

18 Inserted by

section 18

of the

Personal Insolvency (Amendment) Act 2015

.

19 As substituted by

section 22

of the

Personal Insolvency (Amendment) Act 2015

.

20 As substituted by

section 86

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and amended by

section 19

of the

Personal Insolvency (Amendment) Act 2015

.

21 As substituted by

section 89

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and substituted by

section 22

of the

Personal Insolvency (Amendment) Act 2015

.

22 Inserted by

section 21

of the

Personal Insolvency (Amendment) Act 2015

.

23 Inserted by

section 22

of the

Personal Insolvency (Amendment) Act 2015

.

24 As amended by

section 8

of the

Personal Insolvency (Amendment) Act 2015

.

25 As amended by

section 18

of the

Personal Insolvency (Amendment) Act 2015

.

26 Inserted by

section 21

of the

Personal Insolvency (Amendment) Act 2015

.

27 Substituted by

section 71

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

.

28 Inserted by

section 8

of the

Personal Insolvency (Amendment) Act 2015

.

29 As amended by

section 85

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and substituted by

section 18

of the

Personal Insolvency (Amendment) Act 2015

.

30 Inserted by

section 18

of the

Personal Insolvency (Amendment) Act 2015

.

31 Substituted by

section 71

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

.

32 Inserted by

section 8

of the

Personal Insolvency (Amendment) Act 2015

.

33 As amended by

section 85

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and substituted by

section 18

of the

Personal Insolvency (Amendment) Act 2015

.

34 Inserted by

section 18

of the

Personal Insolvency (Amendment) Act 2015

.

35 As substituted by

section 6

of the

Personal Insolvency (Amendment) Act 2015

.

36 As amended by

section 6

of the

Personal Insolvency (Amendment) Act 2015

.

37 As inserted by

section 7

of the

Personal Insolvency (Amendment) Act 2015

.

38 As amended by

section 85

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and substituted by

section 18

of the

Personal Insolvency (Amendment) Act 2015

.

39 As amended by

section 16

of the

Personal Insolvency (Amendment) Act 2015

.

40 As substituted by

section 15

of the

Personal Insolvency (Amendment) Act 2015

.

41 Inserted by

section 17

of the

Personal Insolvency (Amendment) Act 2015

.

42 Substituted by

section 71

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

.

43 Inserted by

section 8

of the

Personal Insolvency (Amendment) Act 2015

.

44 As amended by

section 85

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and substituted by

section 18

of the

Personal Insolvency (Amendment) Act 2015

.

45 Inserted by

section 18

of the

Personal Insolvency (Amendment) Act 2015

.

46 As amended by

section 73

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and by

section 10

of the

Personal Insolvency (Amendment) Act 2015

.

47 As amended by

section 73

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and by

section 10

of the

Personal Insolvency (Amendment) Act 2015

.

48 As amended by

section 67

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and by

section 100

of the

Finance Act 2013

.

49 As amended by

section 87

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and by

section 20

of the

Personal Insolvency (Amendment) Act 2015

.

50 As amended by

section 87

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and by

section 20

of the

Personal Insolvency (Amendment) Act 2015

.

51 As amended by

section 79

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and by

section 12

of the

Personal Insolvency (Amendment) Act 2015

.

52 As amended by

section 100

of the

Finance Act 2013

.

53 Inserted by

section 21

of the

Personal Insolvency (Amendment) Act 2015

.

54 Inserted by

section 17

of the

Personal Insolvency (Amendment) Act 2015

.

55 Inserted by

section 17

of the

Personal Insolvency (Amendment) Act 2015

.

56 As amended by

section 79

of the

Courts and Civil Law (Miscellaneous Provisions) Act 2013

and by

section 12

of the

Personal Insolvency (Amendment) Act 2015

.

57 As amended by

section 100

of the

Finance Act 2013

.

58 Inserted by

section 21

of the

Personal Insolvency (Amendment) Act 2015

.

59 As amended by

section 16

of the

Personal Insolvency (Amendment) Act 2015

.

60 As inserted by

section 17

of the

Personal Insolvency (Amendment) Act 2015

.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

17

th November

, 2015.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act 1936

, by virtue of the powers conferred on us by

section 66

of the

Courts of Justice Act 1924

and

section 70

of the

Courts of Justice Act 1936

, (as applied by

section 48

of the

Courts (Supplemental Provisions) Act 1961

) and

section 27

of the

Courts (Supplemental Provisions) Act 1961

, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the annexed Rules of Court.

Dated this 20th day of October, 2015

(Signed): Raymond Groarke

(Chairman of the Circuit Court Rules Committee)

Alison Lindsay

Sarah Berkeley

Keith Walsh

Mairead Ahern

Rita Considine

Noel Rubotham

I concur in the making of the above Rules of Court.

Dated this 13th day of November, 2015.

Signed: FRANCES FITZGERALD,

MINISTER FOR JUSTICE AND EQUALITY

S.I. No. 506 of 2015

CIRCUIT COURT RULES (PERSONAL INSOLVENCY) 2015