Re: Hickey (a debtor) No.3 [2018] IEHC 313 (31 May 2018)

Re: Hickey (a debtor) No.3 [2018] IEHC 313 (31 May 2018)

The court held that, to avoid an absurd result and to give effect to the legislative intent of the Personal Insolvency Act, the protection of a protective certificate continues pending the determination of an application under s. 115A, even if the application is made outside the currency of the certificate. However, in this case, the debtor had the benefit of a protective certificate until 18 January 2017, and was therefore not eligible to apply for a further certificate on 3 November 2017, as less than 12 months had elapsed. The application failed for non-compliance with the eligibility criteria under s. 91.

Citation
[2018] IEHC 313
Parties
Debtor: Michael Hickey; Objecting Creditor: KBC Bank Ireland Plc
Jurisdiction
Ireland
Judgment Date
31 May 2018
Procedural Posture
Personal Insolvency Application / Preliminary Objection to Eligibility Under S. 91 of the Personal Insolvency Act 2012
Outcome
Application dismissed
Legal Topics
Personal Insolvency Arrangement, Protective Certificate, Statutory Interpretation, Section 115 a Personal Insolvency Act, Eligibility Criteria
Insolvency Law Personal Insolvency Arrangement Protective Certificate Statutory Interpretation Section 115 a Personal Insolvency Act Eligibility Criteria

Case Brief

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Parties

Michael Hickey

Debtor

KBC Bank Ireland Plc

Objecting Creditor

Procedural Posture

Personal Insolvency Application / Preliminary Objection to Eligibility Under S. 91 of the Personal Insolvency Act 2012

Legal Issues

  1. 1 Whether a debtor continues to benefit from a protective certificate pending determination of an application under s. 115A when the application is made outside the currency of the certificate
  2. 2 Whether the debtor satisfied the eligibility criteria under s. 91 of the Personal Insolvency Act 2012

Ratio Decidendi

The court held that, to avoid an absurd result and to give effect to the legislative intent of the Personal Insolvency Act, the protection of a protective certificate continues pending the determination of an application under s. 115A, even if the application is made outside the currency of the certificate. However, in this case, the debtor had the benefit of a protective certificate until 18 January 2017, and was therefore not eligible to apply for a further certificate on 3 November 2017, as less than 12 months had elapsed. The application failed for non-compliance with the eligibility criteria under s. 91.

Court Disposition

Application dismissed

Orders

  • The application under s. 115A is not properly before the court and is dismissed.