Written answers

Tuesday, 24 October 2017

Department of Justice and Equality

Insolvency Service of Ireland Data

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

195. To ask the Tánaiste and Minister for Justice and Equality the number of appeals to the court regarding the rejection of an insolvency proposal by a creditor submitted to date in 2017 (details supplied); the outcome in each; and if he will make a statement on the matter. [45060/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I wish to inform the Deputy that it has not been possible to provide the information required in the time available. The information will be forwarded to the Deputy as soon as it is to hand.

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

196. To ask the Tánaiste and Minister for Justice and Equality the outcome of protective certificates for personal insolvency arrangements to date in 2017; the number and percentage that were classified as yes vote/court confirmed, no vote and protective certificates expired respectively; and if he will make a statement on the matter. [45061/17]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

197. To ask the Tánaiste and Minister for Justice and Equality the number of personal insolvency cases commenced in 2017; the number that have been successful; the number that have failed; the timeframe to conclude these cases; the number of personal insolvency cases entered into the appeals process; the outcome of these cases; the time taken; and if he will make a statement on the matter. [45062/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 196 and 197 together.

The Insolvency Service of Ireland (ISI) publishes a quarterly statistical report, which is available on www.isi.gov.ie. The Deputy will note from page 11 of the ISI's most recent statistical report, that:

- the number of new applications during the period in question (quarter 1 and quarter 2 of 2017) was 2,561 of which 2,226 relate to Personal Insolvency Arrangements. 

- the number of Protective Certificates during the period amounted to 1,107 of which 956 relate to Personal Insolvency Arrangements.

- the number of solutions approved by Court during the period amounted to 587 of which 400 relate to Personal Insolvency Arrangements.

On page 7 of the quarterly report, there is an analysis of creditor acceptance/rejection rates. The following table is an extract from that report.

OutcomeDSAPIATotal
YES vote /Court confirmed69.7%56.0%58.8%
NO vote7.5%19.4%16.9%
Protective certificates expired22.8%24.6%24.2%

Since commencement of the section 115A court review process, there have been 632 applications (figures up to 20/10/17).  The majority of these cases have yet to reach conclusion.  A summary of those that have reached a conclusion is set out as follows.

Outcomes from original S115A application180
Reviews approved 57
Reviews dismissed (including 51 objections upheld on consent)97
Reviews withdrawn by debtor26

Outcomes to High Court Appeals of Circuit Court Decisions:18
Reviews approved 4
Reviews dismissed 9
Reviews struck out/withdrawn

It is not possible to state with accuracy the time taken to progress a review application, as each case is treated on its own merits, and is dependent on a number of factors, including whether any application is objected to by a creditor.

Comments

No comments

Log in or join to post a public comment.