FORM 52F
AN CHÚIRT CHUARDA
THE CIRCUIT COURT
CIRCUIT COUNTY OF
IN THE MATTER OF PART 3, *[CHAPTER 3] *[CHAPTER 4] OF THE PERSONAL INSOLVENCY ACT 2012
AND IN THE MATTER OF [.........] OF [...........], A DEBTOR
CERTIFICATE UNDER *[SECTION 75(1)(a)1] *[SECTION 75(1A)(a)2]* [SECTION 112(1)(a)3] *[SECTION 112(1A)(a)4] 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 3 of Part 3 of the said Act HEREBY CERTIFY pursuant to section 75(1)(a) of the said Act that the result of the vote taken at the creditors’ meeting concerning the proposed Debt Settlement Arrangement for the above-named debtor, held at ...... on the .... day of ........ 20... is as follows:
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Percentage of total |
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Number of votes in value of the creditors present and voting |
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100% |
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Number of votes in value of the creditors present and voting in favour of the proposed Debt Settlement Arrangement |
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Number of votes in value of the creditors present and voting against the proposed Debt Settlement Arrangement |
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*Creditors representing the requisite proportion of debts referred to in section 73(6)5 of the said Act have approved the proposal for a Debt Settlement Arrangement.
OR
*The proposed Debt Settlement Arrangement is deemed to have been approved under section 73(7)6 of the said Act, as no creditor at the meeting voted on the proposal.
OR
*Section 74A7 of the said Act applies to the proposed Debt Settlement Arrangement and the proposal *[has been approved] *[is deemed to have been approved] in accordance with section 74A(7) of the said Act by the only creditor entitled to vote on the proposal.
OR
*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 112(1)(a)8 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:
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Total debt (see paragraph (a) section 110(1) of the said Act |
Amount |
Percentage of total |
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Total amount of debt owed to creditors present and voting |
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100% |
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Total amount of debt in respect of which creditors present and voting voted in favour of the proposed Personal Insolvency Arrangement |
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.....% |
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Total amount of debt in respect of which creditors present voting voted against the proposed Personal Insolvency Arrangement |
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.....% |
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Secured debt (see paragraph (b) of section 110(1) of the said Act |
Value |
Percentage of total |
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Total value of secured debt owed to secured creditors present and voting |
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100% |
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Total value of secured debt in respect of which secured creditors present and voting have voted in favour of the proposed Personal Insolvency Arrangement |
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.....% |
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Total value of secured debt in respect of which secured creditors present and voting have voted against the proposed Personal Insolvency Arrangement |
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.....% |
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Unsecured debt (see paragraph (c) of section 110(1) of the said Act) |
Amount |
Percentage of total |
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Total amount of unsecured debt owed to unsecured creditors present and voting |
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100% |
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Total amount of unsecured debt in respect of which unsecured creditors present and voting have voted in favour of the proposed Personal Insolvency Arrangement |
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.....% |
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Total amount of unsecured debt in respect of which unsecured creditors present and voting have voted against the proposed Personal Insolvency Arrangement |
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.....% |
*Creditors representing the requisite proportion of debts referred to in section 110(1)9 of the said Act have approved the proposal for a Personal Insolvency Arrangement.
OR
*The proposed Personal Insolvency Arrangement is deemed to have been approved under section 108(8)(a)10 of the said Act, as no creditor at the meeting voted on the proposal.
OR
*Section 111A11 of the said Act applies to the proposed Personal Insolvency Arrangement and the proposal *[has been approved] *[is deemed to have been approved] in accordance with section 111A(7) of the said Act by the only creditor entitled to vote on 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 .............
*Delete where inapplicable
________________________________________
1 Substituted by section 71 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013.
2 Inserted by section 8 of the Personal Insolvency (Amendment) Act 2015.
3 As amended by section 85 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and substituted by section 18 of the Personal Insolvency (Amendment) Act 2015.
4 Inserted by section 18 of the Personal Insolvency (Amendment) Act 2015.
5 As substituted by section 6 of the Personal Insolvency (Amendment) Act 2015.
6 As amended by section 6 of the Personal Insolvency (Amendment) Act 2015.
7 As inserted by section 7 of the Personal Insolvency (Amendment) Act 2015.
8 As amended by section 85 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and substituted by section 18 of the Personal Insolvency (Amendment) Act 2015.
9 As amended by section 16 of the Personal Insolvency (Amendment) Act 2015.
10 As substituted by section 15 of the Personal Insolvency (Amendment) Act 2015.
11 Inserted by section 17 of the Personal Insolvency (Amendment) Act 2015.
Form 52F originally inserted by SI 317 of 2013, effective 9 August 2013, but substituted by SI 506 of 2015, effective 20 November 2015.