Law of Personal Insolvency, First Edition by Keith Rooney and Eoin Martin

Law of Personal Insolvency

Essential guidance on the Personal Insolvency Acts in Ireland.

The Personal Insolvency Act 2012 introduced a new and much-needed change to Irish insolvency law. The Law of Personal Insolvency provides, for the first time, a definitive consideration of both the Personal Insolvency Acts 2012 to 2021 and the significant body of case law in this area. It offers an in-depth understanding of this developing field of law.

This book examines how this complex and detailed legislation has been interpreted by the courts over the past decade. It is the first comprehensive examination of this new frontier in Irish Law, and provides practical, procedural knowledge alongside detailed commentary and consideration of the growing body of jurisprudence.

Invaluable for legal practitioners, personal insolvency practitioners, and anyone dealing with personal debt matters, this new text covers the entirety of the Personal Insolvency Acts and their integration into the Irish legal landscape.

Features

  • A comprehensive analysis of the Debt Settlement Arrangements, Debt Relief Notices and the Personal Insolvency Arrangement.
  • A vital guide for creditors, debtors, practitioners and lawyers when engaging with the Acts.
  • Detailed outlines of practice and procedure in the Circuit and High Court.
  • Distils the rapidly developing case law into the principles which underscore the operation of the Acts.
  • An invaluable asset to practitioners in meeting the variety of court applications under the Acts.

About the Authors

Keith Rooney was called to the Bar of Ireland in 2010 and practises in Chancery, Personal and Corporate Insolvency, Property, General Common Law and Commercial Law. He obtained a BA and LLB from University College Cork and Dublin Business School.

Eoin Martin was called to the Bar of Ireland in 2011 and practises in the fields of commercial and chancery law, insolvency, property and general common law. He gained a bachelor's degree in Business & Law from University College Dublin and a master's degree in corporate and commercial law from the London School of Economics and Political Science.

Table of Contents

  • Chapter 1: Introduction
  • Chapter 2: Administrative Structure
  • Chapter 3: Debts and Debtors
  • Chapter 4: The Personal Insolvency Practitioner
  • Chapter 5: The Protective Certificate
  • Chapter 6: Preparing to Propose a Personal Insolvency Arrangement
  • Chapter 7: The Personal Insolvency Arrangement
  • Chapter 8: The Creditors' Meeting
  • Chapter 9: Section 120
  • Chapter 10: The Section 115A Review
  • Chapter 11: Costs
  • Chapter 12: Debt Relief Notices
  • Chapter 13: Debt Settlement Arrangements
  • Chapter 14: The Legal Landscape
  • APPENDICES:

    1. Notice of Objection
    2. Section 115A Motion
    3. Motion for Leave to Commence or Continue Proceedings
    4. Application to Extend Protective Certificate
    5. Standard Debt Settlement Arrangement
    6. Standard Personal Insolvency Arrangement


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