Personal Insolvency Act 2012

5.

Appropriate court.

5.— (1) In this Act “appropriate court” means—

(a) where the application is made under Chapter 3 or 4 of Part 3, and the total liabilities of a debtor determined on the basis of the Prescribed Financial Statement completed by the debtor concerned in respect of the application concerned are in excess of €2,500,000, the High Court, and

(b) in any other case, the Circuit Court.

F4[(2) An application to the Circuit Court under this Act shall be made in the circuit in which

(a) the debtor to whom the application relates is residing at the time of the making of the application or has resided within one year of the time of the making of the application, or

(b) the debtor to whom the application relates has a place of business at the time of the making of the application or has had a place of business within one year of the time of the making of the application.]

(3) An application to the Circuit Court under this Act may be made—

(a) in such office of, or attached to, the Circuit Court within the circuit concerned,

(b) in such combined court office (within the meaning of section 14 of the Courts and Court Officers Act 2009) within the circuit concerned, or

(c) in such office of the Courts Service, within the circuit concerned, designated by the Courts Service for the purpose of this Act,

as may be prescribed by rules of court.

Annotations

Amendments:

F4

Substituted (31.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 43, S.I. No. 286 of 2013.