Appealing a Personal Insolvency Arrangement

Is this now in force? Is there any guide to the process?

Who pays the costs?

Presumably there is no downside for the applicant, as he is insolvent anyway.

The PIP might be reluctant to appeal as he may not get his costs.

Does the applicant or the PIP make the appeal? If it's the PIP, could they be liable for the costs of a failed appeal?

Brendan

Brendan

Brendan Burgess said:

Is this now in force? Is there any guide to the process?

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The legislation is now effective. The layman's guide is as follows: If a PIA is unreasonably rejected by creditors then the PIP may appeal it to court. The detailed Rules of Court (for the Circuit Court anyway) may be reviewed at:

[broken link removed]

Brendan Burgess said:

The PIP might be reluctant to appeal as he may not get his costs.

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In reality, the PIP would need to be fairly confident of winning an appeal, otherwise he will not get paid!

Brendan Burgess said:

Does the applicant or the PIP make the appeal? If it's the PIP, could they be liable for the costs of a failed appeal?

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The PIP makes the appeal on behalf of the debtor. I believe it would be very unlikely that a PIP would be liable for the costs of a failed appeal, provided he did not mislead the court, was not totally unreasonable etc.

The ISI are giving training sessions to PIPs in January on how to deal with the amended legislation.

Jim Stafford