FORM 52J
AN CHÚIRT CHUARDA
THE CIRCUIT COURT
CIRCUIT COUNTY OF
IN THE MATTER OF PART 3, CHAPTER 4 OF THE PERSONAL INSOLVENCY ACT 2012
AND IN THE MATTER OF [.........] OF [...........], A DEBTOR
CERTIFICATE UNDER SECTION 115A(2)(d)1 OF THE PERSONAL INSOLVENCY ACT 2012
I, ........ of ......., personal insolvency practitioner, being the personal insolvency practitioner appointed by the above-named debtor to act as *his/ *her personal insolvency practitioner for the purposes of Chapter 4 of Part 3 of the said Act HEREBY CERTIFY pursuant to section 115A(2)(d) of the said Act that:
the result of the vote taken at the creditors’ meeting concerning the proposed Personal Insolvency Arrangement for the above-named debtor, held at ..... on the .... day of ...... 20... is as follows:
Creditors representing the requisite proportion of debts referred to in section 110(1) of the said Act have not approved the proposal for a Personal Insolvency Arrangement.
*[TABLE 1 (section 115A(2)(d)(i)(I))
The proportions of the categories of votes under section 110(1) cast by those voting at the creditors’ meeting were as follows:
|
Total debt (see paragraph (a)2 of section 110(1) of the said Act |
Amount |
Percentage of total |
|
Total amount of debt owed to creditors present and voting |
|
100% |
|
Total amount of debt in respect of which creditors present and voting voted in favour of the proposed Personal Insolvency Arrangement |
|
....% |
|
Total amount of debt in respect of which creditors present and voting voted against the proposed Personal Insolvency Arrangement |
|
......% |
|
Secured debt (see paragraph (b) of section 110(1) of the said Act) |
Value |
Percentage of total |
|
Total value of secured debt owed to secured creditors present and voting |
|
100% |
|
Total value of secured debt in respect of which secured creditors present and voting have voted in favour of the proposed Personal Insolvency Arrangement |
|
....% |
|
Total value of secured debt in respect of which secured creditors present and voting have voted against the proposed Personal Insolvency Arrangement |
|
......% |
|
Unsecured debt (see paragraph (c) of section 110(1) of the said Act) |
Amount |
Percentage of total |
|
Total amount of unsecured debt owed to unsecured creditors present and voting |
|
100% |
|
Total amount of unsecured debt in respect of which unsecured creditors present and voting have voted in favour of the proposed Personal Insolvency Arrangement |
|
......% |
|
Total amount of unsecured debt in respect of which unsecured creditors present and voting have voted against the proposed Personal Insolvency Arrangement |
|
......% |
TABLE 2 (section 115A(2)(d)(i)(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, are as follows:
|
Identity of each creditor who voted in favour of the proposed Personal Insolvency Arrangement |
Nature of the debt owed to such creditor and proposed class for the purposes of the section 115A(17)(see grounds set out in notice of motion) |
Value of the debt owed to such creditor |
Proportion of debts due to creditors participating and voting at the creditors' meeting that is represented by the creditor |
|
[insert an additional row for each creditor] |
|
|
|
|
Identity of each creditor who voted against the proposed Personal Insolvency Arrangement |
Nature of the debt owed to such creditor |
Value of the debt owed to such creditor |
Proportion of debts due to creditors participating and voting at the creditors' meeting that is represented by the creditor |
|
[insert an additional row for each creditor] |
|
|
|
OR *[section 111A3 of the said Act applies to the proposal and .........., the creditor concerned, has notified me under section 111A(6) that *he *she *it does not approve of the proposal.]
Dated this day ....... of ...... 20.....
Signed:
To: The *County Registrar, ........ Circuit Court Office at ........
*Combined Court Office at .......
*office of the Courts Service at ......
And to: The Insolvency Service of Ireland
And to: [each creditor]
*Delete where inapplicable
______________________________________________
1 Inserted by section 21 of the Personal Insolvency (Amendment) Act 2015.
2 As amended by section 16 of the Personal Insolvency (Amendment) Act 2015.
3 As inserted by section 17 of the Personal Insolvency (Amendment) Act 2015.
Form 52J inserted by SI 506 of 2015, effective 20 November 2015.