Meeley a debtor; Re. Taaffe a debtor; Re. Foye a debtor [2018] IEHC 38 (05 February 2018)

Meeley a debtor; Re. Taaffe a debtor; Re. Foye a debtor [2018] IEHC 38 (05 February 2018)

The Personal Insolvency Acts 2012 to 2015 envisage a two-stage process: application by the PIP 'on behalf of' the debtor, followed by a mandatory hearing. The court has wide discretion to regulate the hearing and may permit argument and evidence on behalf of the debtor, who has substantive standing and a vital...

Source-derived case information.

Citation
[2018] IEHC 38
Parties
Debtor: Niamh Meeley; Debtor: Ronan Meeley; Debtor: Donal Taaffe; Debtor: John Foye; Debtor: Christine Foye; Creditor: KBC Bank Ireland plc; Creditor: Ulster Bank Ireland DAC; Creditor: Bank of Ireland Mortgage Bank; Creditor: Governor and Company of the Bank of Ireland; Creditor: Pentire Property DAC; Amicus Curiae: Insolvency Service of Ireland
Jurisdiction
Ireland
Judgment Date
05 February 2018
Procedural Posture
Personal Insolvency Statutory Review / Preliminary Procedural Objection
Outcome
Procedural objections dismissed; court confirms debtor may be heard in s.115A(9) review.
Legal Topics
Personal Insolvency Arrangements, Statutory Interpretation, Standing, Right of Audience, Costs in Insolvency Proceedings
Insolvency Civil Procedure Personal Insolvency Arrangements Statutory Interpretation Standing Right of Audience Costs in Insolvency Proceedings

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Parties

Niamh Meeley

Debtor

Ronan Meeley

Debtor

Donal Taaffe

Debtor

John Foye

Debtor

Christine Foye

Debtor

KBC Bank Ireland plc

Creditor

Ulster Bank Ireland DAC

Creditor

Bank of Ireland Mortgage Bank

Creditor

Governor and Company of the Bank of Ireland

Creditor

Pentire Property DAC

Creditor

Insolvency Service of Ireland

Amicus Curiae

Procedural Posture

Personal Insolvency Statutory Review / Preliminary Procedural Objection

Legal Issues

  1. 1 Whether a debtor has a residual right to directly engage in the s.115A review process
  2. 2 Whether only the Personal Insolvency Practitioner (PIP) may be heard in court under s.115A(9)
  3. 3 Interpretation of procedural requirements for s.115A applications

Ratio Decidendi

The Personal Insolvency Acts 2012 to 2015 envisage a two-stage process: application by the PIP 'on behalf of' the debtor, followed by a mandatory hearing. The court has wide discretion to regulate the hearing and may permit argument and evidence on behalf of the debtor, who has substantive standing and a vital interest in the outcome. The debtor is not excluded from direct participation in the hearing, and basic fairness and equality of arms require the debtor be entitled to be heard. The PIP is not the sole voice in the s.115A(9) review.

Court Disposition

Procedural objections dismissed; court confirms debtor may be heard in s.115A(9) review.

Orders

  • Court directs that the debtor may be heard and represented in the hearing of the s.115A(9) application.
  • Court confirms that the PIP is not the sole voice in the review process.