S.I. No. 334/2013 - Personal Insolvency Act 2012 (Schedule of Creditors) Regulations 2013.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd September, 2013.

The Insolvency Service of Ireland, in exercise of the powers conferred on it by section 3 of the Personal Insolvency Act 2012 (No. 44 of 2012) (the “Act”), hereby makes the following regulations:

1. These Regulations may be cited as the Personal Insolvency Act 2012 (Schedule of Creditors) Regulations 2013.

2. The following information is hereby prescribed for the purposes of sections 59(2)(e)(iii) and section 93(2)(e)(iii) of the Act and shall be included in the schedule of creditors of the debtor concerned referred to in section 59(2)(e) or, as applicable, section 93(2)(e) of the Act, where known to the debtor or the personal insolvency practitioner concerned:

(a) the creditor’s legal name;

(b) the creditor’s address (being the physical address and (if applicable) electronic address for service of notices and correspondence to the creditor subject to section 134 of the Act);

(c) whether the creditor is a connected person in relation to the debtor;

(d) whether the debt concerned is an excludable debt and, if so, whether that debt is a permitted debt within the meaning of section 58 or, as applicable, section 92 of the Act;

(e) whether the debt concerned is an excluded debt;

(f) whether some or all of the debt concerned is a preferential debt within the meaning of section 67 or, as applicable, section 101 of the Act and, if so, the preferential amount.

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GIVEN under the seal of the Insolvency Service of Ireland,

30 August 2013.

LORCAN O’CONNOR,

Director of the Insolvency Service of Ireland.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations prescribe the additional information to be included in the Schedule of Creditors in connection with an application for a protective certificate for a Debt Settlement Arrangement or a Personal Insolvency Arrangement.