Insolvencies

The Supreme Court has determined that a creditor who has not filed proof of a debt within the time prescribed by a personal insolvency practitioner is not precluded from filing an objection to the approval of a personal insolvency arrangement. Delivering judgment for the Supreme Court, Ms Justice El

Maria McNally, associate director at Northern Ireland firm Cleaver Fulton Rankin, examines how Brexit has impacted the recognition of Irish insolvency proceedings in the UK. When considering the impact of Brexit on the ability and ease for cross border insolvency recognition, it is useful to examine

Beauchamps partner Barry Cahir welcomed hundreds of lawyers to INSOL Europe's 42nd annual congress in Amsterdam on the weekend. Mr Cahir, the outgoing president of INSOL Europe, welcomed a record-breaking turnout of 470 delegates from 37 countries to this year's congress, which focused on 'navigatin

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.

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.

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

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

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