Proceedings Under the Personal Insolvency Act 2012

Circuit Court

Office Notice

Proceedings under the Personal Insolvency Act 2012

Regulation (EU) 2015/848 on insolvency proceedings (recast) (OJ L 141/19 of 5 June 2015), with the exception of certain of its provisions referred to in Article 92, came into effect on 26 June 2017. Regulation (EU) 2015/848 may be accessed at:

Regulation (EU) 2015/848 repeals Regulation (EC) 1346/2000 on insolvency proceedings. However, by virtue of Article 91 of Regulation (EU) 2015/848 references to the repealed Regulation (EC) No 1346/2000 shall be construed as references to Regulation (EU) 2015/848 and shall be read in accordance with the correlation table set out in Annex D to Regulation (EU) 2015/848.

Article 84 of Regulation (EU) 2015/848 provides that Regulation (EU) 2015/848 shall apply only to insolvency proceedings opened after 26 June 2017. Acts committed by a debtor before that date shall continue to be governed by the law, including Regulation 1346/2000, which was applicable to them at the time they were committed. Notwithstanding Article 91, Regulation (EC) No 1346/2000 continues to apply to insolvency proceedings within the scope of that Regulation and which were opened before 26 June 2017.

Commission Implementing Regulation (EU) 2017/1105 of 12 June 2017 (“the Implementing Regulation”) prescribes certain forms referred to in Regulation (EU) 2015/848 of the European Parliament and of the Council on insolvency proceedings, in particular (insofar as proceedings under the Personal Insolvency Act 2012 are concerned):

standard notice form to be used to inform known foreign creditors of the opening of insolvency proceedings referred to in Article 54(3) of Regulation (EU) 2015/848 - see Annex Ito the Implementing Regulation;

standard claims form which may be used by foreign creditors for the lodgement of claims, referred to in Article 55(1) of Regulation (EU) 2015/848 - see Annex II to the Implementing Regulation;

standard form to be used for the electronic submission of individual requests for information via the European e-Justice Portal referred to in the first subparagraph of Article 27(4) of Regulation (EU) 2015/848 - see Annex IVto the Implementing Regulation.

Commission Implementing Regulation (EU) 2017/1105 may be accessed at:

Pending the entry into force of rules of court giving further effect to Regulation (EU) 2015/848 and without prejudice to reliance on Article 91 of Regulation (EU) 2015/848, the modifications set out below to Forms 52B, 52C and 52H in the Schedule to the Circuit Court Rules have been identified as required in light of the requirements of Regulation (EU) 2015/848.

Attention is drawn to the obligation imposed by Article 4 of Regulation (EU) No 2015/848 on a court seised of a request to open insolvency proceedings, of its own motion to examine whether it has jurisdiction pursuant to Article 3 of Regulation (EU) No 2015/848 and to specify in its judgment (order) opening insolvency proceedings the grounds on which the jurisdiction of the court is based and, in particular, whether jurisdiction is based on Article 3(1) or (2). Accordingly, on an application for a protective certificate, there should be material before the court to enable it to satisfy itself as to those matters.

Attention is also drawn to the requirement in Article 38(1) of Regulation (EU) No 2015/848, that a court seised of a request to open secondary insolvency proceedings shall immediately give notice to the insolvency practitioner or the debtor in possession in the main insolvency proceedings and give them an opportunity to be heard on the request. Accordingly, where an application is for the opening of secondary insolvency proceedings, the application should also be served on such persons.

This notice does not purport to offer and should not be relied on as legal advice. Any person wishing to take advice on the effect of Regulation (EU) 2015/848 should consult a solicitor.

FORM 52B

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

[...... ] CIRCUIT COUNTY OF [...... ]

Record number ......

IN THE MATTER OF PART 3, CHAPTER 1 OF THE PERSONAL INSOLVENCY ACT 2012

AND IN THE MATTER OF [...... ] OF [...... ], A DEBTOR

Before Judge ......

DEBT RELIEF NOTICE

The Court

1. Being satisfied that the above entitled proceedings may be brought in the Circuit Court for this Circuit because it is the Circuit of the Circuit Court in which

*the above-named debtor to whom the application relates was residing at the time of the making of the application or has resided within one year of the time of the making of the application

*the above-named debtor to whom the application relates had a place of business at the time of the making of the application or has had a place of business within one year of the time of the making of the application

2. Having considered:

(i) the application dated the ...... 20 ..... for the issue of a Debt Relief Notice in respect of the said debtor furnished to the Court on ...... 20 ..... by the Insolvency Service of Ireland

(ii) the certificate of the Insolvency Service of Ireland, having performed its functions under the Personal Insolvency Act 2012 in relation to the said application, that the application to the Insolvency Service of Ireland under section 29 of the Personal Insolvency Act 2012 on behalf of the said debtor is in order

(iii) copies of the supporting documentation for the application (other than the documents referred to in section 29(2)(e) and (f) of the Act)

*(iv) further *information *evidence provided to it

3. Being satisfied that the criteria specified in section 26(2) of the Personal Insolvency Act 2012 have been satisfied

hereby issues in accordance with section 31(2) of the Personal Insolvency Act 2012 a Debt Relief Notice in respect of the said debtor

†in main insolvency proceedings, in accordance with Article 3(1) of Regulation (EU) No 2015/848, the Court being satisfied that the centre of main interests of the said debtor is situated in Ireland,

†in secondary proceedings, in accordance with Articles 3(2) and 3(3) of Regulation (EU) No 2015/848, the Court being satisfied that proceedings have been opened in another Member State as proceedings to which Article 3(1) of Regulation (EU) No 2015/848 refers,

†in territorial proceedings, in accordance with Articles 3(2) and 3(4) of Regulation (EU) No 2015/848, the Court being satisfied that the centre of main interests of the said debtor is not situated in Ireland, but that an establishment of the said debtor is situated in Ireland

†the Court being satisfied that Regulation (EU) No 2015/848 does not apply to the proceedings

and the said Debt Relief Notice is issued in respect of the debts specified in the application under section 29 of the said Act which the Court is satisfied are qualifying debts, as set out hereunder:

Specified qualifying debts
Reference/Number (if any) as per Prescribed Financial Statement / Value of the debt on the application date (€) / Specified creditor to whom it is owed
/ €…… / ……..of ……….

Given by the Court on ...... 20 ....

Registrar [Name]

*Delete where inapplicable

†One option only should be chosen and the others deleted

FORM 52C

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

[...... ] CIRCUIT COUNTY OF [...... ]

Record number ......

IN THE MATTER OF PART 3, CHAPTER 3 OF THE PERSONAL INSOLVENCY ACT 2012

AND IN THE MATTER OF [...... ] OF [...... ], A DEBTOR

Before Judge .....

PROTECTIVE CERTIFICATE

(DEBT SETTLEMENT ARRANGEMENT)

The Court

1. Being satisfied that the above entitled proceedings may be brought in the Circuit Court for this Circuit because the total liabilities of the above named debtor determined on the basis of the Prescribed Financial Statement completed by the said debtor for the purpose of the proceedings do not exceed €2,500,000 and that the proceedings are brought in the Circuit of the Circuit Court in which

*the said debtor to whom the application relates was residing at the time of the making of the application or has resided within one year of the time of the making of the application

*the said debtor to whom the application relates had a place of business at the time of the making of the application or has had a place of business within one year of the time of the making of the application

2. Having considered:

(i) the application dated the ...... 20 .... for the issue of a protective certificate in respect of the said debtor furnished to the Court on ...... 20 ..... by the Insolvency Service of Ireland

(ii) the certificate of the Insolvency Service of Ireland, having performed its functions under the Personal Insolvency Act 2012 in relation to the said application, that the application to the Insolvency Service of Ireland under section 59 of the Personal Insolvency Act 2012 on behalf of the said debtor is in order

(iii) copies of the supporting documentation for the application (other than the documents referred to in section 59(2)(f) and (g) of the Act)

*(iv) further *information *evidence provided to it

3. Being satisfied that the criteria specified in section 57 of the Personal Insolvency Act 2012 have been satisfied to the extent that the said criteria have not been disapplied by an order made under section 57(2) of the said Act

4. Being satisfied that the other relevant requirements relating to an application for the issue of a protective certificate have been met

hereby issues in accordance with section 61(2) of the Personal Insolvency Act 2012 a protective certificate in respect of the said debtor

†the Court being satisfied that Regulation (EU) No 2015/848 does not apply to the proceedings

and the said protective certificate is issued in respect of the debts as set out hereunder:

/ Specified debts /
Reference/Number (if any) as per Prescribed Financial Statement / Value of the debt on the application date (€) / Creditor to whom debt is owed
/ €…… / ……..of ……….

Given by the Court on ...... 20 ....

Registrar [Name]

*Delete where inapplicable

†One option only should be chosen and the others deleted

FORM 52H

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

[...... ] CIRCUIT COUNTY OF [...... ]

Record number ......

IN THE MATTER OF PART 3, CHAPTER 4 OF THE PERSONAL INSOLVENCY ACT 2012

AND IN THE MATTER OF [...... ] OF [...... ], A DEBTOR

Before Judge ......

PROTECTIVE CERTIFICATE

(PERSONAL INSOLVENCY ARRANGEMENT)

The Court

*the above-named debtor to whom the application relates was residing at the time of the making of the application or has resided within one year of the time of the making of the application

2. Having considered:

(i) the application dated the .... 20 .... for the issue of a protective certificate in respect of the said debtor, furnished to the Court on ..... 20 .... by the Insolvency Service of Ireland

(ii) the certificate of the Insolvency Service of Ireland, having performed its functions under the Personal Insolvency Act 2012 in relation to the said application, that the application to the Insolvency Service of Ireland under section 93 of the Personal Insolvency Act 2012 on behalf of the said debtor is in order

(iii) copies of the supporting documentation for the application (other than the documents referred to in section 93(2)(f) and (g) of the Act)

*(iv) further *information *evidence provided to it

3. Being satisfied that the criteria specified in section 91 of the Personal Insolvency Act 2012 have been satisfied to the extent that the said criteria have not been disapplied by an order made under section 91(3) of the said Act

4. Being satisfied that the other relevant requirements relating to an application for the issue of a protective certificate have been met

hereby issues in accordance with section 95(2) of the Personal Insolvency Act 2012 a protective certificate in respect of the said debtor

†the Court being satisfied that Regulation (EU) No 2015/848 does not apply to the proceedings

and the said protective certificate is in respect of the debts as set out hereunder:

Given by the Court on ...... 20 ....

Registrar [Name]

*Delete where inapplicable

†One option only should be chosen and the others deleted