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ARTICLE · 06 JULY 2017

Resolving The Mortgage Arrears Crisis (Volume 2/2017)

Arthur Cox
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In this regular briefing, we summarise recent cases, developments and trends relevant to the ongoing efforts to resolve the mortgage arrears crisis.

IrelandFinance and Banking
Arthur Cox
Arthur Cox
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In this regular briefing, we summarise recent cases, developments and trends relevant to the ongoing efforts to resolve the mortgage arrears crisis.

CASELAW

Personal Insolvency

A series of recent cases have shed further light on factors that a Court will take into account when hearing a debtor's appeal of a secured creditor's decision

to reject a proposed Personal Insolvency Arrangement (PIA) under the Personal Insolvency Act 2012 (the 2012 Act).

  • Comparison with bankruptcy: In Ennis & Personal Insolvency Acts, Baker J confirmed that the Courts must consider the fairness of the PIA, and that a comparison with the likely outcome in bankruptcy is an essential part of that fairness assessment.

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