FORM 52G
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
STATEMENT UNDER *[SECTION 75(1)(c)1] *[SECTION 75(1A)(c)2] *SECTION 112(1)(c)3] *SECTION 112(1A)(c)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/*Chapter 4 of Part 3 of the said Act HEREBY CONFIRM
*for the purposes of section 78(2)5 and 78(5)6 of the said Act that I am of the opinion that—
(i) the said debtor satisfies the eligibility criteria for the proposal of a Debt Settlement Arrangement specified in section 57 of the said Act,
(ii) the approved Debt Settlement Arrangement complies with the mandatory requirements referred to in section 65(2)7 of the said Act, and
(iii) the approved Debt Settlement Arrangement does not contain any terms that would release the said debtor from an excluded debt, an excludable debt (other than a permitted debt) or a secured debt or otherwise affect such a debt.
*for the purposes of section 115(2)8 and 115(5)9 of the said Act that I am of the opinion that—
(i) the said debtor satisfies the eligibility criteria for the proposal of a Personal Insolvency Arrangement specified in section 9110 of the said Act,
(ii) the approved Personal Insolvency Arrangement complies with the mandatory requirements referred to in section 99(2)11 of the said Act, and
(iii) the approved 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.
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
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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 amended by section 73 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and by section 10 of the Personal Insolvency (Amendment) Act 2015.
6 As amended by section 73 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and by section 10 of the Personal Insolvency (Amendment) Act 2015.
7 As amended by section 67 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and by section 100 of the Finance Act 2013.
8 As amended by section 87 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and by section 20 of the Personal Insolvency (Amendment) Act 2015.
9 As amended by section 87 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 and by section 20 of the Personal Insolvency (Amendment) Act 2015.
10 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.
11 As amended by section 100 of the Finance Act 2013.
Form 52G originally inserted by SI 317 of 2013, effective 9 August 2013, but substituted by SI 506 of 2015, effective 20 November 2015.