Practice Directions

1. Every Petition submitted by a debtor seeking a bankruptcy adjudication order must be accompanied by an affidavit from the debtor showing a letter from a Personal Insolvency Practitioner registered with the Irish Insolvency Service confirming the following:

1. The Personal Insolvency Practitioner met with the debtor and interviewed him/her regarding his/her assets, liabilities and income.
2. The debtor has certified to the Personal Insolvency Practitioner that the Statement of Affairs (in Form 23 Appendix O of the Rules of the Superior Courts) is accurate, complete, consistent and that there is nothing in the interview with the debtor that would cause the Personal Insolvency Practitioner to have any doubt. (The debtor should provide the Personal Insolvency Practitioner with this certification, even if the practitioner has made the Statement of Affairs on behalf of the debtor, so that the practitioner can certify to the Court as required.)
3. Having regard to the contents of the debtor's Statement of Affairs and the Personal Insolvency Practitioner's interview with the debtor, the Personal Insolvency Practitioner believes that the debtor is unable to pay his/her debts as they fall due and that the debtor's inability to meet his/her obligations cannot be dealt with more appropriately through a Notice of Debt Relief Process, a Debt Settlement Arrangement or a Personal Insolvency Arrangement.

2. A debtor should not swear their Statement of Affairs or sign their Personal Information Statement until they are fully satisfied that all documents are accurate, complete and up to date.
    
3. This Practice Guide replaces the previous Practice Guide on these matters (HC60) which has been revoked.
    
4. This Practice Direction has immediate effect.
    

Dated the 16th day of August 2016
Peter Kelly
President of the High Court