Case study Insolvency Service's PIA Case Study Noel and Christina

Brendan Burgess

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This sample scenario is designed to illustrate the features of a joint PIA. (Full story: [broken link removed])


1 . N O E L A N D C H RI ST I N A ’ S ST O RY

Noel and Christina are married with three children, twin boys aged 1 and a girl aged 3. Noel is an office worker and his net monthly income is €3,500. Christina works in retail and her net monthly income is €1,400. They own a car currently worth €4,000.

Noel and Christina bought their Principal Private Residence (PPR) together five years ago. The current mortgage outstanding is €400,000 and they are on a 25-year tracker. Their PPR is valued at €300,000. They have a total unsecured debt together of €60,000, which consists of a credit union loan of €30,000, credit cards totalling €25,000 and an overdraft of €5,000. All of their debts are jointly held and their current monthly commitments are as follows:

• Mortgage repayments - €2,002
• Unsecured debts repayments - €1,800


Their day-to-day outgoings amount to €2,500 per month. They have cooperated with their bank in relation to their PPR mortgage under the Central Bank Code of Conduct on Mortgage Arrears in relation to their home for a period of ten months, but have been unable to agree a sustainable repayment solution. Noel and Christina are unable to pay their debts in full as they fall due and acknowledge they are insolvent.

Noel and Christina meet with a Personal Insolvency Practitioner (PIP) and provide full details of their financial circumstances so the PIP can understand their financial position.

Income |€4,900
Set costs|€1,888
Childcare|€1,100
Available for debt repayment|€1,912
Mortgage |€2,002
Unsecured debt repayments|€1,800
Deficit|(€1,890)

Potential PIA for Noel and Christina proposed by PIP


Noel and Christina have revised their monthly expenditure and reduced their living expenses from €2,500 to the prescribed amount of €1,888 in accordance with the ISI Guidelines on a reasonable standard of living and reasonable living expenses.

The PIP assesses whether a change in mortgage terms or interest rate will make the mortgage sustainable. The PIP recommends a term extension on the PPR Mortgage for an additional 10 years, bringing the mortgage to 35 years. This reduces the monthly mortgage repayments from €2,002 to €1,653 a month.

The reduction in mortgage payments and living expenses frees up €259 per month for the first year of the PIA, which is available to make payments to unsecured creditors. As the children get older, the total set costs will vary. Variation can also be expected with regards to childcare costs, hence reasonable living expenses will vary during the lifetime of the PIA (breakdown of the Annual Total Set Costs is contained in Appendix C).

The repayments table in Appendix B gives a detailed breakdown year on year of Noel and
Christina’s expenses and the amounts available to unsecured creditors.

Noel and Christina’s monthly income and expenses after PIA restructuring for Year 1


Income |€4,900
Set costs|€1,888
Childcare|€1,100
Mortgage |€1,653
Available for unsecured creditors|€259
Noel and Christina’s monthly disposable income, after deducting total set costs and mortgage repayments, is €259 per month for the first year of the PIA. This amount is now available to make payments to their unsecured creditors. This equates to €3,108 for the first year.

Their expenditure over the next 6 years goes up and down which results in the following repayment table:

Year |1|2|3|4|5|6|total
repayments to un secured {br}creditors net of PIP’s fees| € 2,273 | € 701 | € 8,105 | € 4,961 | € 4,961 | € 9,761 | € 30,762



Noel and Christina's position after meeting their obligations under the PIA



a) Principal Private Residence is now sustainable because: I. Unsecured debts are discharged;
II. The mortgage term has been extended to 35 years.
Noel and Christina will have repaid €30,762 of their unsecured debts at the end of the term of the PIA and the remaining €29,238 is discharged. This represents over 51% return for the unsecured creditors based on amounts outstanding at the date of issue of the Protective Certificate.
b) Noel and Christina are solvent.
 
They have a mortgage of €400,000 @ 3.5% with 25 years to go.

After extending the term by 10 years, the repayments will be €1,653 which is €1,166 interest and €487 capital

So they will be building up a nest egg of €5,800 a year by screwing the unsecured creditors.

No PIA is necessary here. The mortgage lender and the unsecured creditors should be able to reach an agreement under the Central Bank's multi-debt system

Put the Mortgage onto interest only for 10 years.
Freeze the interest on the unsecured debts
Pay them off after 10 years.

10 years is a long time to be living on the Reasonable Expenditure Guidelines.

So adjust it to 5 years.

after 5 years, review it, with a view to writing off any remaining balance due to the unsecured creditors.
 
If I was Noel and Christina

I would first try to do a voluntary arrangement with my creditors.

Sell the house and write off the mortgage shortfall in exchange for the early repayment of a tracker.

Pay as much as possible off other unsecured debts over 3 years. Write off remaining balance after that.

If the unsecured creditors don't agree, Go for a 1 year Debt Settlement Arrangement with the support of the mortgage lender

mortgage| 100|62.5%
Credit union|30|18.75%
credit cards |25|15.6%
overdraft |5|3%
Total |160
Should be possible to get the 65%(?) necessary for a DSA.

OK, I lose the house. But in one or three years I would be completely debt-free and on a reasonable net income so I could rent and begin to build wealth again.
 
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