The High Court has ruled that an insolvent debtor was not entitled to a new protective certificate under the Personal Insolvency Acts 2012-2015 after he had benefitted from an invalid protective certificate within the previous 12 months. It was claimed by the debtor that the impugned certificate was invalid from inception, and therefore did not count in the general 12-month rule against of a further application.
However, Mr Justice Mark Sanfey determined that the debtor had obtained significant advantage from the invalid certificate and only accepted that it was defective on the day of the application. As such, the invalid certificate still counted against the general 12-m…
Read the full article at: https://www.irishlegal.com/article/high-court-invalid-protective-certificate-prevents-debtor-from-bringing-a-further-personal-insolvency-application-within-12-months