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Booklet of Case Summaries

Booklet of Case Summaries
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Court Judgments 2024

Preference, unfair prejudice and €3 million debt cap

Langan and the Personal Insolvency Acts

Remittal and Costs

O'Flynn and the Personal Insolvency Acts

Clawback

Roache and the Personal Insolvency Acts


Court Judgments 2023


Court Judgments 2022

Disclosure by debtors

Moran Doyle and the Personal Insolvency Acts

Disclosure and Sustainability

Torpey and the Personal Insolvency Acts

Living below RLEs, vouching of financial position

Power and the Personal Insolvency Acts

Obligation of full disclosure by debtors

Colton and the Personal Insolvency Acts

Debt for Equity

McEvoy and the Personal Insolvency Acts

Preliminary point, can a creditor object after a PIA has completed

Paddy O’Regan and the Personal Insolvency Acts

Preferential debt

Jonathan Bourke and the Personal Insolvency Acts

Excludable debt; Special circumstances

Lyle Chambers and the Personal Insolvency Acts


Court Judgments 2021

Relevant Debt

Daniel Drew and the Personal Insolvency Acts

Unfair prejudice; pension assets

Fitzpatrick, McKiernan and the Personal Insolvency Acts

Relevant Debt, setting aside of rental payments

Michael Horan and the Personal Insolvency Acts

Mortgage term

Esther Kirwan and the Personal Insolvency Acts

Special Circumstances costs, affordability, costs of the PIA, debtor conduct

Aidan & Tracey Quirke and the Personal Insolvency Acts

Mortgage term

Ann Fennell and the Personal Insolvency Acts

Relevant debt and sustainability appropriateness of PIA

Keith Cremin and the Personal Insolvency Acts

Validity of PC

Paudie Barry and the Personal Insolvency Acts


Court Judgments 2020

Relevant debt

Bernard Murphy and the Personal Insolvency Acts

Alleged inconsistencies in affidavit evidence, retention of commercial unit (April 2020)

Fay and the Personal & Insolvency Acts

Alleged inconsistences in affidavit evidence, retention of commercial unit (May 2020)

Fay and the Personal Insolvency Acts

Creditors rights against husband (a discharged bankrupt) (see 2019 Judgments)

Forde Egan and the Personal Insolvency Acts

Lawfulness or otherwise of debt for equity swap

Lowe and the Personal Insolvency Acts

Costs associated with remaining in PPR, disproportionately large

Nuzum and the Personal Insolvency Acts

Judgment mortgage creditor treated as an unsecured creditor

Hyde and the Personal Insolvency Acts

Costs

Varvari and the Personal Insolvency Acts

**Class of creditor, service and sustainability (see 2019 Judgments)*

Mc Namara and the Personal Insolvency Acts


Court Judgments 2019

Class of creditor, service and sustainability (see 2020 judgments)

Mc Namara and the Personal Insolvency Acts

Creditor’s rights against husband (a discharged bankrupt) (see 2020 Judgments)

Forde Egan and the Personal Insolvency Acts

Class of creditor

Flynn and the Personal Insolvency Acts

Treatment of jointly-owned property

Matthews and the Personal Insolvency Acts

Living below RLE’s

Hurley, Phelan and the Personal Insolvency Acts

Relevant Debt/Class of Debt

Ali and the Personal Insolvency Acts

Applying s.111A in the context of a s.115A application

O'Hara and the Personal Insolvency Acts

Class of Creditor, extent of write-down, means of a debtor

Parkin and the Personal Insolvency Acts

Deadline for making an application

Finnegan and the Personal Insolvency Acts

Costs

Finnegan and the Personal Insolvency Acts


Court Judgments 2018

Treatment of PPR and other Secured Creditors

Tinkler and the Personal Insolvency Acts

Payment History of the Debtor

Fetherston and the Personal Insolvency Acts

Court of Appeal - PC Protection Period

Hickey and the Personal Insolvency Acts

Amendment of Orginating Notice of Motion

McNamara and the Personal Insolvency Acts

Serving parties (Under Appeal)

Thomas Finnegan Case - Circuit Court

Repayment capacity, special circumstances cost,length of arrangement and role of PIP

Sweeney and the Personal Insolvency Acts

Identity of Principal Private Residence (“PPR”)

Taffe and the Personal Insolvency Acts

“Amended” versus “modification” of a proposal

Enright and The Personal Insolvency Acts

Validity of Protective Certificate protection

Hickey and The Personal Insolvency Acts

Meeley, Taaffe and Foye - Locus Standi

Meeley & the Personal Insolvency Acts


Court Judgments 2017

Unfair Prejudice. Fixing of interest rate

Hayes and The Personal Insolvency Acts

Locus Standi

Reilly and The Personal Insolvency Acts

PIA - Classes of Creditors

Douglas and The Personal Insolvency Acts

Determination - class of creditor

Parkin and The Personal Insolvency Acts

S.105 valuation process

McDonnell and The Personal Insolvency Acts

Determination on warehousing

Callaghan and The Personal Insolvency Acts


Bankruptcy Judgments


Electronic Communications Agreement

Electronic Communications Agreement March 2025
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