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Test case on debt-for-equity personal insolvency arrangements struck out on technicality – Irish Legal News

Published 27 May 2019



A High Court test case which would have significantly clarified the law around debt-for-equity personal insolvency arrangements has been struck out on a technicality.

The case was brought by Start Mortgages against a personal insolvency arrangement approved in Trim Circuit Court, which saw a mans mortgage written down from almost 140,000 to 18,500, The Irish Times reports.

The man would have paid Start Mortgages 60 instalments of 332 per month and been allowed to remain in his home indefinitely.

In return, Start Mortgages would take an 85 per cent ownership stake in the home, which it would not be allowed to sell until the man died.

The test case was struck out after Start raised a technical objection about…

Read the full article at: https://irishlegal.com/article/test-case-on-debt-for-equity-personal-insolvency-arrangements-struck-out-on-technicality

Category: BankruptcyBy Insolvency Advisory AccountantsMay 28, 2019

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Test case on debt-for-equity personal insolvency arrangements struck out on technicality – Irish Legal News

Published 27 May 2019



A High Court test case which would have significantly clarified the law around debt-for-equity personal insolvency arrangements has been struck out on a technicality.

The case was brought by Start Mortgages against a personal insolvency arrangement approved in Trim Circuit Court, which saw a mans mortgage written down from almost 140,000 to 18,500, The Irish Times reports.

The man would have paid Start Mortgages 60 instalments of 332 per month and been allowed to remain in his home indefinitely.

In return, Start Mortgages would take an 85 per cent ownership stake in the home, which it would not be allowed to sell until the man died.

The test case was struck out after Start raised a technical objection about…

Read the full article at: https://www.irishlegal.com/article/test-case-on-debt-for-equity-personal-insolvency-arrangements-struck-out-on-technicality

Category: BankruptcyBy Insolvency Advisory AccountantsMay 27, 2019

Post navigation

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Australia AGD Moves to Reform Bankruptcy Law – Regulation Asia
July 17, 2024
Case note | Director's personal liability for insolvent trading – Lander & Rogers
July 17, 2024
Law reform to lift stigma from bankruptcy, deliver fairer system – The Mandarin
July 17, 2024
How the new $20,000 personal bankruptcy threshold could affect SME directors – SmartCompany
July 17, 2024
Australia AGD Moves to Reform Bankruptcy Law – Regulation Asia
July 17, 2024
Case note | Director's personal liability for insolvent trading – Lander & Rogers
July 17, 2024
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