Application for a Protective Certificate
Once you have decided to apply for a Personal Insolvency Arrangement (PIA), your Personal Insolvency Practitioner (PIP) will apply for a protective certificate. A protective certificate prevents your creditors from taking legal action against you while you apply for a DSA. It stays in place for 70 days but can be extended in certain circumstances.
Your PIP will submit your protective certificate application to the Insolvency Service of Ireland (ISI). The ISI will submit the application to the appropriate Circuit Court on your behalf.
When the court office has received your application they will assign a return date. This is the date when a judge will make a decision on your application. You or your PIP are not required to attend court on the return date.
Application goes to Court
Once an agreement is reached with your creditors, your PIP submits your PIA application to ISI. The ISI will submit the application to the appropriate Circuit Court on your behalf.
When the court office has received your application they will assign a return date, this is when a judge will make a decision on your application. You or your PIP are not required to attend court on the return date.
Outcome of your hearing (Court decision)
Your case is considered by a Judge in the Circuit Court, they will make a decision on your PIA application.
The Judge can make the following decisions:
- Approve & issue the PIA;
- Refuse the application;
- Adjourn the application to request further information, or;
- Direct a hearing be held.
The court office will notify and engage with the ISI and your PIP for outstanding information or input as needed. You will never be required to attend court.
Application for a Court review
If your creditor(s) reject the PIA proposal and you meet the relevant criteria, your PIP can apply to the Court for a Court review.
Your PIP will lodge the required documents in the court office within 14 days of the creditors meeting to initiate the process. The court office will schedule a hearing. You will never be required to attend court.
A creditor can also make their own notice of objection. The judge may request further affidavits to support the applications and allow 4-6 weeks for these to be submitted to the court office.
The Court has the power to overturn any rejected PIA proposal if they believe it is a reasonable proposal. If the rejection is upheld, your PIP will advise you on your remaining options.
The effects of a PIA
If your PIA application is approved, the ISI will send you a copy of the court order along with a list of the conditions you must follow for the next 3 years while your PIA is in place. Your name will be put on a public register of Personal Insolvency Arrangements.
While your PIA is in place, there are also conditions that your creditors must follow in relation to any debt that is included in your PIA.
If you have given inaccurate information, were not originally eligible for a PIA, arranged your affairs to get a PIA or are in breach of the conditions of your PIA obligations, the ISI can apply to the court to terminate your PIA.
Application to change your PIA
While your PIA is in place, if your situation improves or gets worse, you can apply to have the conditions of your PIA changed to reflect this. Your personal insolvency practitioner will need to submit an application to the relevant court to have your PIA adjusted.
