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From Insolvency Service of Ireland
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Proof of Debt
The Test for Insolvency
Creditor Preference
Langan and the Personal Insolvency Acts
Creditor Preference
Langan and the Personal Insolvency Acts
Pensions Income
Mc Carthy and the Personal Insolvency Acts
Procedural Requirements
Mansour and the Personal Insolvency Acts
Disclosure by debtors
Disclosure and Sustainability
Living below RLEs, vouching of financial position
Obligation of full disclosure by debtors
Debt for Equity
Preliminary point, can a creditor object after a PIA has completed
Preferential debt
Excludable debt; Special circumstances
Relevant Debt
Unfair prejudice; pension assets
Relevant Debt, setting aside of rental payments
Mortgage term
Special Circumstances costs, affordability, costs of the PIA, debtor conduct
Mortgage term
Relevant debt and sustainability appropriateness of PIA
Validity of PC
Relevant debt
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 for 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
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
Unfair Prejudice. Fixing of interest rate
Locus Standi
PIA - Classes of Creditors
Determination - class of creditor
S.105 valuation process
Determination on warehousing
