Legislation providing increased protections for employees in a collective redundancy situation following their employer's insolvency is to be drafted as a priority, the government has announced. Ministers yesterday approved the priority drafting of the Plan of Action on Collective Redundancies follo
Belfast-based MKB Law has celebrated after its director David McAlinden won the "Innovation in Practise" award at the 2022 Insolvency Practitioners Association Awards. Mr McAlinden and colleagues from the firm's insolvency team collected the award at a reception in the National Theatre in London.
High Court: PIA approved for debtors despite claims from creditor that arrangement was unsustainable
The High Court has approved a personal insolvency arrangement for a couple despite objections from a creditor that the PIA was unsustainable. It was argued that the debtors’ total income under the arrangement would not be sufficient to maintain a reasonable standard of living for themselves an
Beauchamps partner Barry Cahir has been appointed as president of INSOL Europe. Mr Cahir, who heads the insolvency and corporate restructuring team at Beauchamps, was appointed to lead the professional organisation during its recent conference in Dubrovnik, Croatia.
High Court: Personal insolvency practitioner criticised for providing misleading information to creditors about Revenue debt
The High Court has criticised a personal insolvency practitioner for providing misleading information to creditors in a proposal which would have written off most of a €13 million debt. The court said that the PIP had “fallen well below the appropriate ethical standards” expected of
The High Court has refused an appeal for a personal insolvency arrangement (PIA) after it was held that the debtor’s income had not been “assessed and verified by the PIP in such a manner as would give confidence as to its accuracy”. The court held that the PIA left “no room
Mortgage lenders have too much control over outcomes under resolution processes introduced since the global financial crisis, legal rights group FLAC has said. In the second of a series of four papers, FLAC examines the difficult question of family home mortgage arrears, a problem that continues to
Legislation extending the right to a court review to all borrowers falling into home mortgage arrears due to an unforeseeable loss of income has come into effect. The Personal Insolvency (Amendment) Act 2021, commenced with effect from 25 June 2021, makes a number of urgent changes to the Personal I
Borrowers falling into home mortgage arrears due to an unforeseeable loss of income will gain court protection under new legislation which has cleared the Oireachtas. The Personal Insolvency (Amendment) Bill 2020, which will now be signed into law, gives insolvent homeowners the right to seek review
High Court: Personal insolvency arrangement which allows a woman to pay mortgage until age 90 approved by court
The High Court has approved a personal insolvency arrangement which would allow a woman to repay her mortgage until the age of 90. The decision came following an appeal from the Circuit Court, in which the judge was concerned that the PIA would leave the debtor in a precarious position at the end of
The High Court has approved a personal insolvency arrangement (PIA) that will see a 54-year-old woman continue to make mortgage repayments on her family home until she is 90 years of age. Mr Justice Mark Sanfey approved the PIA in respect of Esther Kirwan from Moycarkey, Thurles, Co Tipperary, in wh
High Court: Invalid protective certificate prevents debtor from bringing a further personal insolvency application within 12 months
The High Court has ruled that an insolvent debtor was not entitled to a new protective certificate under the Personal Insolvency Acts 2012-2015 after he had benefitted from an invalid protective certificate within the previous 12 months. It was claimed by the debtor that the impugned certificate was
Fees for personal insolvency applications will continue to be waived until at least the end of 2023, Justice Minister Helen McEntee has announced. The waiver of all fees payable to the Insolvency Service of Ireland and to the courts was first introduced in 2014 and previously extended in 2017.
Borrowers falling into home mortgage arrears due to an unforeseeable loss of income will gain "vital court protection" under new legislation announced today. Justice Minister Helen McEntee has secured government approval for priority drafting of the "short but urgent" Personal Insolvency (Amendment)
Jacci Fox, head of the debt and asset recovery unit at HOMS Solicitors, examines what is required for a debtor to succeed in dismissal of bankruptcy summons. We recently acted in a rather protracted bankruptcy case on behalf of the Collector General of the Revenue Commissioners. The debtor in this c