Written answers

Tuesday, 11 May 2021

Department of Justice and Equality

Insolvency Service of Ireland

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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627. To ask the Tánaiste and Minister for Justice and Equality the number of cases since 2015 in which a debtor has proposed a personal insolvency arrangement which has been rejected by a creditor and in which the debtor has subsequently sought a personal insolvency court review; the number of these cases in which the original proposed arrangement was imposed by the court on the creditors; and if she will make a statement on the matter. [23835/21]

Photo of James BrowneJames Browne (Wexford, Fianna Fail)
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An amendment to the personal insolvency legislation in late 2015 introduced a new mechanism for debtors whose Personal Insolvency Arrangement proposal was rejected by creditors. Such debtors could, through their personal insolvency practitioner, make an application to court under section 115A of the Personal Insolvency Acts 2012-2015 to review the decision not to approve the proposal.

The table below shows the number of such applications made in each year since the provision was introduced, and the number of cases in which an original proposed arrangement was approved by the courts.

It is important to note, however, that the number of applications approved in each of the years may not relate directly to applications made in those years, because of the time that may be required to prepare the cases owing to the varying degrees of complexity associated with creditor and debtor objections in individual cases.

Of the 2,224 applications made to date, 481 await a court decision on their outcome.

Year 115A applications 115A reviews and appeals approved
2015 10 0
2016 227 19
2017 487 47
2018 556 140
2019 432 279
2020 402 272
2021 110 62
Total 2224 819

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