Personal Insolvency Practitioner Letters in Bankruptcy Matters

1. Every Petition submitted by a debtor seeking an order of adjudication in bankruptcy must be accompanied by an affidavit of the debtor exhibiting a letter from a Personal Insolvency Practitioner registered with the Insolvency Service of Ireland certifying that:

  1. The Personal insolvency Practitioner has met the debtor and interviewed him/her in relation to his/her assets, liabilities and income.
  2. The debtor has confirmed to the Personal Insolvency Practitioner that the Statement of Affairs (in Form 23 Appendix O of Rules of Superior Courts) is accurate, complete, consistent and nothing in the interview with the debtor would give the Personal Insolvency Practitioner any reason to doubt same. (This confirmation should be given to the Personal Insolvency Practitioner by the debtor, even when the practitioner has prepared the Statement of Affairs on behalf of the debtor, so that the practitioner can certify as required to the court.) 
  3. Having regard to the contents of the debtor’s Statement of Affairs and the Personal Insolvency Practitioner’s interview with the debtor, the Personal Insolvency Practitioner believes that the debtor is unable to pay his/her debts as they fall due and the debtor’s inability to meet his/her engagements cannot be more appropriately dealt with by means of a Debt Relief Notice Process, Debt Settlement Arrangement or a Personal Insolvency Arrangement.

2. A debtor should not swear his/her Statement of Affairs nor sign his/her Statement of Personal Information, until he /she is fully satisfied that each document is accurate, complete and consistent.

3. This Practice Direction replaces the previous practice Direction on these matters (HC60) which is revoked.

4. This Practice Direction is of immediate effect

Dated 16th day of August 2016
Peter Kelly
President of the High Court

High court