Personal Insolvency Act 2012

54

Statement to be prepared by personal insolvency practitioner.

54.— On receipt of an instruction under section 53, the personal insolvency practitioner shall complete a statement confirming that he or she is of the opinion that—

(a) the information contained in the debtor’s Prescribed Financial Statement is complete and accurate;

(b) the debtor is eligible under section 57 or 91, as the case may be, to make a proposal for a Debt Settlement Arrangement or Personal Insolvency Arrangement, as the case may be;

(c) having considered the F51[Prescribed] Financial Statement completed by the debtor, there is no likelihood of the debtor becoming solvent within the period of 5 years commencing on the date on which the statement is made;

(d) having regard to the debtor’s circumstances as set out in the Prescribed Financial Statement, it is appropriate for the debtor to make a proposal for a Debt Settlement Arrangement as there is a reasonable prospect that the debtor entering into such an arrangement would facilitate the debtor becoming solvent within a period of not more than 5 years or, as the case may be, it is appropriate for the debtor to make a proposal for a Personal Insolvency Arrangement as there is a reasonable prospect that the debtor entering into such an arrangement would facilitate the debtor becoming solvent within a period of not more than F52[6 years].

Annotations

Amendments:

F51

Substituted (31.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 63, S.I. No. 286 of 2013.

F52

Substituted (25.06.2021) by Personal Insolvency (Amendment) Act 2021 (10/2021), s. 6, S.I. No. 305 of 2021.