TOPICS TO BE COVERED LEARNING OUTCOMES Day 1 The Role and function of the Insolvency Understand the structure and functions Service of Ireland (ISI). of the ISI and how to engage with it. The role of the PIP, authorisation Understand the role, authorisation process and regulations applicable. process and the Regulations applicable to the PIP including inter alia sections 161 and 173 of the Personal Insolvency Act 2012. Personal Insolvency Act 2012 to include Comprehensive knowledge of the related and relevant legislation provisions of the Personal Insolvency (bankruptcy, and fraudulent Act 2012. conveyancing legislation and the impact of family law, civil partnership and Understand how other relevant cohabitation legislation). legislation interacts with the Personal Insolvency Act 2012. Role of the Courts in the personal Understand the role of the Courts in the insolvency process. Personal Insolvency process and the need to get it right first time. Day 2 Settlement Arrangements Conditions Understand and be able to compare and Procedures for: and contrast the different debt relief • DRN processes including bankruptcy and • DSA recommend the most suitable one for a • PIA Debtor. • Bankruptcy Understand the procedures for each arrangement, be able to implement and manage the procedures for each arrangement once approved. Communicating with the different Effectively explain to the debtor, the parties. How to communicate the relief procedures, terminology and impact of options to debtors. Required debt relief process. documentation. Letter of Engagement. How to organise creditors meetings, Engage and negotiate effectively with notice periods, proxies etc. creditors and manage creditors meetings. 1 The role of the Office of the Official Understand the role of the Official Assignee in Bankruptcy. Assignee in bankruptcy. Legislation affecting the family home, Understand the requirements of the including Mortgage Arrears process. Code of Conduct on Mortgage Arrears. Dealing with divorce/separation. Be capable of handling divorce/separation circumstances and issues. Develop a practical knowledge of the Understand the systems required to be systems required to be in place for the in place for the efficient management of efficient management of an an arrangement – Banking, IT and arrangement – Banking, IT and accounting records. accounting records. Review of a leading computer package that meets the needs of a PIP. Day 3 Ethics. Be able to reflectively apply the concepts of Probity and Ethical standards. The key interpersonal skills which are Understand the importance of the required in dealing with debtors in people aspects of the process and financial distress. The required possess the competencies required in interviewing, listening and negotiating interviewing, listening and and persuasion skills. negotiating/persuasion. Practical steps for the PIP in each relief Analyse and document the debtors arrangement including assessing and financial position in order to: verifying the income and expenditures and calculating the disposable income • of: assess income and expenditures • employed • calculate disposable income • retired • value assets and liabilities • self-employed • understand the implications of • unemployed debtors. contingent liabilities. Asset and liability valuation techniques including contingent Liabilities appreciation Lender legal documentation including Facility Letters. 2 How to gather all the necessary information How to assess reasonable living Understand and implement the expenses. guidelines on how to assess Reasonable living expenses. Practical steps required to review Understand the role of the PIP in the annual trading financial statements, annual review of the financial position income and expenditure accounts, of the debtor. assets and liabilities. Practical steps in determining the Be able to determine and reflect the taxation position of a debtor and the impact of taxation on a debtors’ implications of the realisation of assets financial position. on their taxation position. Implications of debt write down. Pensions. Understand the implication of pension assets on a debtors financial position. Social Welfare Benefits. Understand the impact of social welfare income and benefits on the financial position of a debtor. Day 4 Practical knowledge of the security Understand the enforcement options taken by creditors (different types of that debtors may face and the options personal guarantees, life policies, available to creditors land/property, shares/bonds) and the enforcement options available to secured and unsecured creditors when a debtor is in default. Key elements of corporate insolvency Understand the different forms of including liquidations, receiverships and Corporate insolvency and how they examinerships. impact on debtors. Practical workshops on the ISI case Understand how DSAs & PIAs will studies. operate in practice. 3