Gallagher v Personal Insolvency Acts 2012-2015 (Approved) [2021] IEHC 686 (02 November 2021)

Gallagher v Personal Insolvency Acts 2012-2015 (Approved) [2021] IEHC 686 (02 November 2021)

The court refused the PIP's application because there was no reliable evidence that the debtor's income, as stated in the PIA, had been adequately assessed and verified by the PIP. The documentation provided was inconsistent and unreliable, and the court could not be satisfied that the debtor would be able to comply with the terms of the proposed arrangement as required by s.115A(9)(c) of the Personal Insolvency Acts.

Citation
[2021] IEHC 686
Parties
Debtor: Peter Anthony Gallagher; Personal Insolvency Practitioner (pip)/applicant: Judy Mooney of McCambridge Duffy; Objecting Creditor/respondent: Bank of Ireland Mortgage Bank
Jurisdiction
Ireland
Judgment Date
02 November 2021
Procedural Posture
Personal Insolvency Appeal / High Court Appeal From Circuit Court Refusal of S.115 a Application
Outcome
Application refused
Legal Topics
Personal Insolvency Arrangement (pia), Verification of Debtor Income, Obligations of Personal Insolvency Practitioner, Section 115 a Personal Insolvency Acts, Affordability and Sustainability of Arrangements
Insolvency Law Banking Law Personal Insolvency Arrangement (pia) Verification of Debtor Income Obligations of Personal Insolvency Practitioner Section 115 a Personal Insolvency Acts Affordability and Sustainability of Arrangements

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Parties

Peter Anthony Gallagher

Debtor

Judy Mooney of McCambridge Duffy

Personal Insolvency Practitioner (pip)/applicant

Bank of Ireland Mortgage Bank

Objecting Creditor/respondent

Procedural Posture

Personal Insolvency Appeal / High Court Appeal From Circuit Court Refusal of S.115 a Application

Legal Issues

  1. 1 Whether the debtor's income as stated in the PIA was adequately verified and reliable
  2. 2 Whether the PIP discharged her statutory duty to verify the debtor's financial information
  3. 3 Whether the proposed PIA was affordable and sustainable for the debtor

Ratio Decidendi

The court refused the PIP's application because there was no reliable evidence that the debtor's income, as stated in the PIA, had been adequately assessed and verified by the PIP. The documentation provided was inconsistent and unreliable, and the court could not be satisfied that the debtor would be able to comply with the terms of the proposed arrangement as required by s.115A(9)(c) of the Personal Insolvency Acts.

Court Disposition

Application refused

Orders

  • The PIP's application under s.115A(9) is refused.
  • Matter to be listed in the first personal insolvency list after delivery of judgment for submissions as to the terms of the court's order.