Circuit Court Forms

FORM 52I

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

NOTICE OF MOTION FOR AN ORDER UNDER SECTION 115A(9)¹ OF THE PERSONAL INSOLVENCY ACT 2012

TAKE NOTICE that on the ....... day of ......... 20.... at ....... in the forenoon or the first available opportunity thereafter, .......... of ..........., personal insolvency practitioner, will apply to this Honourable Court sitting at .......... for an order under section 115A(9) of the Personal Insolvency Act 2012 on behalf of the above-named debtor, AND FURTHER TAKE NOTICE of the following:

1 a proposal for a Personal Insolvency Arrangement (a copy of which is appended to this application) in respect of the said debtor has been made and has not been approved in accordance with Chapter 4 of Part 3 of the Personal Insolvency Act 2012;

2 the debts that would be covered by the proposed Personal Insolvency Arrangement include a relevant debt, within the meaning of section 115A(18) of the Personal Insolvency Act 2012;

3 the *creditors’ meeting referred to in section 115A(16)(a) of the Personal Insolvency Act 2012 was held on

*date of receipt by me of the notice of the creditor concerned under section 111A(6)² of the Personal Insolvency Act 2012 was

the .... day of ....... 20 ....;

4. I consider that there are reasonable grounds for the making of this application. The grounds of the application are:

[set out the grounds of the application; where for the purposes of the application it is intended to propose that any creditor(s) be considered as a class by the Court, set out clearly the grounds of such proposal];

5 the debtor has instructed me in writing to make this application, a copy of which instruction is appended to this notice of motion;

6 there is submitted with this application my report (a copy of which is appended to this notice of motion) referred to in section 107(1)(d) of the Personal Insolvency Act 2012;

†7. there is submitted with this application a certificate (a copy of which is appended to this notice of motion) with the result of the vote taken at the creditors’ meeting and identifying—

(I) the proportions of the respective categories of votes cast by those voting at the creditors’ meeting, and

(II) the creditors who voted in favour of and against the proposal, and the nature and value of the debt owed to each such creditor;

†7. section 111A³ of the Personal Insolvency Act 2012 applies to the proposal and the creditor concerned has notified me under section 111A(6) of the Act that the creditor does not approve of the proposal;

8. I am of the opinion that:

(a) the said debtor satisfies the eligibility criteria for the proposal of a Personal Insolvency Arrangement specified in section 91⁴ of the Personal Insolvency Act 2012.

(b) the proposed Personal Insolvency Arrangement complies with the mandatory requirements referred to in section 99(2)⁵ of the Personal Insolvency Act 2012;

(c) the proposed Personal Insolvency Arrangement does not contain any terms that would release the said debtor from an excluded debt or an excludable debt (other than a permitted debt) or otherwise affect such a debt.

ADDITIONAL NOTICE TO CREDITORS

TAKE NOTICE that you may, within 14 days of the date of the sending of this notice to you, lodge a notice with the Circuit Court (in the Form 52D, Circuit Court Rules), setting out whether or not you object to the application, and your reasons for this.

Appended to this notice of motion for issue are the following documents:

— Copy proposal for a Personal Insolvency Arrangement;

— *Original certificate in Form 52J with the result of the vote taken at the creditors’ meeting;

— Copy report of personal insolvency practitioner referred to in section 107(1)(d) of the Personal Insolvency Act 2012, and

— Copy of written instruction of debtor, certified to be a true copy.

Dated this day ....... of ......... 20.....

Signed:

Personal Insolvency Practitioner, of ......., on behalf of the above-named debtor

To: *County Registrar, ........ Circuit Court Office at ........

*Combined Court Office at ...........

*office of the Courts Service at ...........

And To: Insolvency Service of Ireland

And To: the Debtor

And To: [each creditor concerned] 

*Delete where inapplicable

†One alternative version of paragraph 7 only should be used and the other deleted

_________________________________________

¹     Inserted by section 21 of the Personal Insolvency (Amendment) Act 2015.

²     Inserted by section 17 of the Personal Insolvency (Amendment) Act 2015. 

³     Inserted by section 17 of the Personal Insolvency (Amendment) Act 2015. 

⁴     As amended by section 79 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and by section 12 of the Personal Insolvency (Amendment) Act 2015. 

⁵     As amended by section 100 of the Finance Act 2013.