ISI Statistics Quarter 1 - 2014 Foreword I am pleased to launch the first quarterly statistical report for the Insolvency Service of Ireland (ISI). During the course of the last twelve months, the ISI has overseen the introduction of the new alternatives to bankruptcy introduced by the Personal Insolvency Act 2012 - the Debt Relief Notice (DRN), the Debt Settlement Arrangement (DSA) and the Personal Insolvency Arrangement (PIA). The bankruptcy regime has also been reformed through this Act. The automatic discharge period for a bankruptcy is now 3 years, down from 12. As a result of these efforts, insolvent debtors now have viable options open to them to deal with their over indebtedness. The very fact that these options exist has also encouraged creditors and insolvent debtors to reach settlements by way of informal arrangements. Where these solutions are appropriate to a debtors circumstance, the ISI welcomes this development as the ultimate goal of returning insolvent debtors to solvency is achieved. As at the end of March 2014 the key statistics around the number of Protective Certificates issued, the number of DRNs, DSAs and PIAs in place and the number of new bankruptcies are lower than many expected. I believe as stakeholders become comfortable with the operation of these new solutions, their uptake will increase. I'm encouraged by the significant number of new cases entering our system since the beginning of the year and the feedback received from the Personal Insolvency Practitioner and Approved Intermediary community which highlights an expectation that the numbers will increase significantly over the coming months. The development of a protocol between creditors and practitioners covering DSAs and PIAs will also assist in this regard. These statistics will be updated on a quarterly basis and will be published in the Statistics section of the ISI website www.isi.gov.ie. Lorcan O'Connor Director 3rd April 2014 These Statistics are for informational purposes only. No person should place reliance on the accuracy of the statistics and should not act solely on the basis of them. The statistics are primarily based upon cases created by duly authorised Approved Intermediaries and Personal Insolvency Practitioners on the ISI Case Management System, the official registers of Approved Intermediaries and Personal Insolvency Practitioners and the statement of affairs submitted by those seeking to be declared Bankrupt. Figures cover the period 1 January 2014 to 31 March 2014 unless otherwise stated. Insolvency Service of Ireland – Statistics Quarter 1 2014 Page 2 Contents Regulation ............................................................................................................................................ 4 Case Management – DRN, DSA, PIA .................................................................................................... 5 Debtor Profile - DRN, DSA, PIA ............................................................................................................. 8 Bankruptcy ......................................................................................................................................... 11 Telephone, email and website traffic ................................................................................................ 13 THE DEBT RELIEF NOTICE (DRN) ALLOWS FOR THE WRITE OFF OF QUALIFYING DEBT UP TO €20,000, SUBJECT TO A 3 YEAR SUPERVISION PERIOD. THE DEBT SETTLEMENT ARRANGEMENT (DSA) PROVIDES FOR THE AGREED SETTLEMENT OF UNSECURED DEBT WITH NO LIMITS INVOLVED OVER A PERIOD, NORMALLY EXPECTED TO BE 5 YEARS. THE PERSONAL INSOLVENCY ARRANGEMENT (PIA) WILL FACILITATE THE RESTRUCTURING OR SETTLEMENT OF SECURED DEBT OF UP TO €3M AND THE SETTLEMENT OF UNSECURED DEBT OVER A PERIOD, NORMALLY EXPECTED TO BE 6 YEARS. IN THE CASE OF A DSA OR PIA AFTER A PROTECTIVE CERTIFICATE ISSUES, PERSONAL INSOLVENCY PRACTITIONERS (PIPS) WILL HAVE 70 DAYS IN WHICH TO DEVELOP AN ARRANGEMENT. Insolvency Service of Ireland – Statistics Quarter 1 2014 Page 3 Regulation 128 Authorised Personal Insolvency Practitioners (PIP) 140 128 120 100 80 60 40 20 0 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 The ISI began authorising practitioners last Autumn. From an initial start of 32 there are now 128 Personal Insolvency Practitioners. This number continues to rise on a weekly basis. Over 70 Approved Intermediaries (Authorised Individuals) 80 73 70 60 50 40 30 20 10 0 Aug-13 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 The majority of MABS companies have been authorised as Approved Intermediaries (AI). Over 70 responsible persons are linked to these authorisations. Insolvency Service of Ireland – Statistics Quarter 1 2014 Page 4 Case Management – DRN, DSA, PIA Over 500 Applications for New Arrangements Jan 1st 600 523 500 400 300 DRN DSA PIA All 320 200 121 82 100 0 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Since the ISI began accepting applications for the new personal insolvency arrangements 7 months ago, practitioners have created over 500 new cases, representing almost 600 individual debtors. These numbers do not include cases created on the ISI system and subsequently withdrawn by a PIP or AI. There has been a marked increase in new cases created since January and the ISI is currently receiving approximately 50 new cases per week. 70 Protective Certificates Issued Jan 1st 80 70 60 70 DSA 50 PIA 40 41 All 30 29 20 10 0 Sep-13 Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 To date, the Courts have issued 70 protective certificates to debtors. A protective certificate protects a debtor and their assets from their creditors, while the PIP formulates a proposal for a DSA or a PIA. A protective certificate remains in force for 70 days, but may be extended in certain circumstances. Insolvency Service of Ireland – Statistics Quarter 1 2014 Page 5 55 Arrangements Approved 50 45 40 35 30 25 20 44 15 10 5 0 7 DRN 4 DSA PIA Since January, the Courts have issued 36 Debt Relief Notices (DRNs) and a further 8 have been approved by the ISI and await Court approval. In addition, at the end of March, there were 7 DSAs and 4 PIAs approved by Creditors, 3 and 4 of which respectively have been approved by the Courts. Types of Application Joint (DSA, PIA) 8% Individual (DRN, DSA, PIA) 54% Interlocking (PIA only) 38% An individual application is an application with a sole debtor. Where there are two (or more) debtors, who are jointly liable for all of the debts to be included in a DSA or a PIA arrangement, a joint application is appropriate. An interlocking application would be appropriate where two (or more) PIAs are to be administered in common; usually because of the financial relationship of the debtors involved. An example would be a couple, where the couple is jointly liable for some - but not all - of the debts to be included in the PIA arrangement. Insolvency Service of Ireland – Statistics Quarter 1 2014 Page 6 €193 Million Qualifying Debt Financial Institutions Trade Creditors Credit Union Contingent Debt Revenue Debt Other* PPR Lender * Other debt includes personal guarantees, utilities, store card/catalogues and professional fees. The total debt involved in the approximately 520 cases currently with the ISI is just under €193 million. You can find a breakdown by type of debt in the chart above and table below. €193 Million Qualifying Debt PPR Lender € 87,448,761 45% Financial Institutions € 69,257,427 36% Trade Creditors € 15,403,669 8% Credit Union € 4,557,252 2% Contingent Debt € 3,789,070 2% Revenue Debt € 3,660,847 2% Other debt* € 8,836,799 5% Total € 192,953,825 100% Average Debt Write Off on Arrangements Approved by end of March (NB: small sample size) • The average % of secured debt proposed to be written off in a PIA is 19%, ranging from 0% to 39% • The average % of unsecured debt proposed to be written off in a PIA is 93%, ranging from 91% to 95% • The average % of unsecured debt proposed to be written off in a DSA is 77%, ranging from 37% to 95% Insolvency Service of Ireland – Statistics Quarter 1 2014 Page 7 Debtor Profile - DRN, DSA, PIA Occupation of Debtors Unemployed 23% Student 1% Public Sector 14% Self-employed 8% Retired 2% Other 2% Housewife/ husband 8% Private Sector 42% Marital Status of Debtors Widow/er 1% Divorced or Separated 12% Single 21% Married/Civil Partner 66% Insolvency Service of Ireland – Statistics Quarter 1 2014 Page 8 Age Profile of Debtors 45 - 54 30% 55 - 64 12% 65 + 2% 18 - 24 1% 35 - 44 40% 25 - 34 15% Debtors by Gender Female 42% Male 58% Insolvency Service of Ireland – Statistics Quarter 1 2014 Page 9 2.2% 1.2% 1.7% 2.7% 1.9% 1.0% 1.0% 0.7% 1.7% 3.4% 1.9% 4.6% 0.2% 4.1% 0.5% 1.2% 1.7% 6.3% 2.4% 6.3% 1.5% 6.8% 3.9% 1.0% 0.3% 39.8% Geographic Spread of Applicants Typical Timeline to Issue of Protective Certificate Debtor's original statutory declaration received Case Submitted to ISI by PIP Case initiated by PIP Day 1 2 ISI queries issued 3 Application verified by ISI & sent to Court PIP response received 4 5 CASE REVIEW 6 7 8 9 10 11 12 13 14 PC issued by Court 15 16 17 18 CASE PROCESS Above is a typical timeline, up to and including the issue of the protective certificate. After the protective certificate issues, the PIP has 70 days, to formulate a proposal for a DSA or a PIA arrangement. Insolvency Service of Ireland – Statistics Quarter 1 2014 Page 10 Bankruptcy 76 bankruptcy adjudications since term reduced to 3yrs. 80 76 70 60 50 40 30 20 10 0 Dec-13 Jan-14 Feb-14 Mar-14 In December 2013 the bankruptcy term was reduced from 12 to 3 years. There have been 66 individuals adjudicated in the first quarter of 2014. The above chart is the cumulative of adjudicated bankruptcy cases since the Act changed in December 2013. Bankruptcy numbers 66 70 58 60 50 40 27 30 20 33 35 15 10 0 2009 2010 2011 2012 2013 2014 (Q1) The number of bankruptcies in Q1 2014, exceeds the total number in 2013. 2013 had seen the highest number of new bankruptcies on record. Insolvency Service of Ireland – Statistics Quarter 1 2014 Page 11 Petitioning Creditor vs Self Adjudications 70 63 60 Petitioning Creditor Self Adjudications 50 40 30 20 10 3 0 2011 2012 2013 2014 - Q1 The amount of Self Adjudications (where a debtor rather than a creditor seeks to make themselves bankrupt) has risen as a result of the Personal Insolvency Act 2012 from 7% in 2011 to 93% in the first quarter 2014. €136 Million Aggregate Bankruptcy Debt 2014 Unsecured Debt €34,314,409 Secured Debt €101,620,134 The total debt involved in Bankruptcy Adjudications in Q1 2014 is almost €136 million. This is made up of 75% secured debt and 25% unsecured debt. In the case of secured debt, it is likely that current market values of securities are significantly below debt levels. Insolvency Service of Ireland – Statistics Quarter 1 2014 Page 12 Telephone, email and website traffic Over 75,000 ISI publications issued Printed Publications 23,962 PDF Downloads 52,007 The top 5 downloads from the site are: The Guidelines for Reasonable Living Expenses, the Guide for the PIA, Debt Solutions leaflet (tri-fold), PIP Information Guide and PIA Scenarios. Over 12,000 contacts to ISI Information Line Emails 2,804 Telephone 9,727 Insolvency Service of Ireland – Statistics Quarter 1 2014 Page 13 150,000 unique visits to the ISI website with almost 1million page views 160,000 140,000 120,000 100,000 Visits Page Views 80,000 60,000 40,000 20,000 Apr 13 May 13 Jun 13 Jul 13 Aug 13 Sep 13 Oct 13 Nov 13 Dec 13 Jan 14 Feb 14 Mar 14 Over 12,000 contacts into the ISI 1,600 1,400 1,200 Phone Calls Emails 1,000 800 600 400 200 Apr 13 May 13 Jun 13 Jul 13 Aug 13 Sep 13 Oct 13 Nov 13 Dec 13 Jan 14 Feb 14 Mar 14 Insolvency Service of Ireland – Statistics Quarter 1 2014 Page 14