McManus & Personal Insolvency Acts 2012 [2016] IECA 248 (22 June 2016)

McManus & Personal Insolvency Acts 2012 [2016] IECA 248 (22 June 2016)

The statutory burden under s. 97(3)(a) was not discharged; the losses claimed by Clones Credit Union Ltd. are ordinary statutory consequences of the Act and do not constitute irreparable loss. The appeal is allowed and the High Court order is set aside.

Citation
[2016] IECA 248
Parties
Debtor: Fergal McManus; Creditor: Clones Credit Union Ltd.
Jurisdiction
Ireland
Judgment Date
22 June 2016
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Personal Insolvency Arrangement, Protective Certificate, Exclusion of Creditor, Irreparable Loss
Insolvency Banking Law Personal Insolvency Arrangement Protective Certificate Exclusion of Creditor Irreparable Loss

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Fergal McManus

Debtor

Clones Credit Union Ltd.

Creditor

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Clones Credit Union Ltd. satisfied the statutory burden under s. 97(3)(a) of the Personal Insolvency Act 2012 to exclude its debt from a personal insolvency arrangement
  2. 2 Whether the loss claimed by the creditor constitutes irreparable loss beyond ordinary statutory consequences

Ratio Decidendi

The statutory burden under s. 97(3)(a) was not discharged; the losses claimed by Clones Credit Union Ltd. are ordinary statutory consequences of the Act and do not constitute irreparable loss. The appeal is allowed and the High Court order is set aside.

Court Disposition

appeal allowed

Orders

  • High Court order set aside
  • Application under s. 97 dismissed