Barry v The Personal Insolvency Acts 2012 - 2015 (Approved) (Rev 1) [2021] IEHC 144 (04 March 2021)

Barry v The Personal Insolvency Acts 2012 - 2015 (Approved) (Rev 1) [2021] IEHC 144 (04 March 2021)

The debtor failed to satisfy the eligibility criterion under s.91(1)(i)(i) as less than twelve months had elapsed since the previous protective certificate, which, though improperly issued, had legal effect. The court was therefore precluded from considering the application under s.115A(9), and the application was dismissed.

Citation
[2021] IEHC 144
Parties
Debtor: Paudie Barry; Objecting Creditor: Governor and Company of Bank of Ireland
Jurisdiction
Ireland
Judgment Date
04 March 2021
Procedural Posture
Circuit Appeal Under Personal Insolvency Acts 2012 2015 / Appeal From Circuit Court Refusal of Application Under S.115 A(9)
Outcome
Application dismissed
Legal Topics
Personal Insolvency Arrangement, Protective Certificate, Eligibility Criteria, Abuse of Process, Secured Debt Write Down
Insolvency Law Banking Law Personal Insolvency Arrangement Protective Certificate Eligibility Criteria Abuse of Process Secured Debt Write Down

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Parties

Paudie Barry

Debtor

Governor and Company of Bank of Ireland

Objecting Creditor

Procedural Posture

Circuit Appeal Under Personal Insolvency Acts 2012 2015 / Appeal From Circuit Court Refusal of Application Under S.115 A(9)

Legal Issues

  1. 1 Whether the debtor satisfied the eligibility criteria under s.91(1)(i)(i) of the Personal Insolvency Acts 2012-2015 for a further protective certificate
  2. 2 Whether the application constituted an abuse of process due to repeated applications and withdrawals
  3. 3 Whether the Personal Insolvency Arrangement proposal was unfair or prejudicial to the creditor

Ratio Decidendi

The debtor failed to satisfy the eligibility criterion under s.91(1)(i)(i) as less than twelve months had elapsed since the previous protective certificate, which, though improperly issued, had legal effect. The court was therefore precluded from considering the application under s.115A(9), and the application was dismissed.

Court Disposition

Application dismissed

Orders

  • Application under s.115A(9) of the Personal Insolvency Acts 2012-2015 is dismissed.
  • Matter to be listed for the first Personal Insolvency List after 7 days for further orders.