Circuit Court – Personal Insolvency
All applications for protective certificates (those already lodged and those to be lodged), will be deferred unless the Personal Insolvency Practitioner notifies the relevant Court office by email advising that the application is urgent.
Similarly, applications to approve Debt Settlement Arrangements/ Personal Insolvency Arrangements which have passed at creditors meetings, and applications to approve Debt Relief Notices shall be deferred unless the Personal Insolvency Practitioner or Approved Intermediary as appropriate emails the relevant Court office advising that the application is urgent.
Applications for extensions of protective certificates can be made without an affidavit being filed with the motion. However an e-mail from the Personal Insolvency Practitioner must be provided setting out that the statutory criteria for the extension are met, the manner in which the statutory criteria are met, with an undertaking that a sworn affidavit will be filed at a later date if required by the Court. The application may be refused if the e-mail is not provided.
Applications for a section 115A review can be made by motion without a grounding affidavit, in accordance with the Rules of Court.