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What is the Insolvency Service of Ireland (ISI)? The Insolvency Service of Ireland (ISI) is an independent statutory body established on 1 March 2013 under the provisions of the Personal Insolvency Act 2012. It is responsible for administering and supervising the operation of the various personal insolvency solutions as prescribed in the said act. The objective of which is ‘…to restore insolvent persons to solvency….’. What registers do the Insolvency Service of Ireland (ISI) maintain? If successful in reaching an agreement with their creditors, the personal details and type of debt solution debtors have agreed are recorded in relevant registers

What is a folio? To understand what a folio search is, you first need to understand ‘what is a folio?’. In essence, a folio is a title document produced by the Land Registry as part of the ‘registration of title’ system. Supplementary maps (or title plans) are also generated by the Land Registry. These (State guaranteed) titles to property, set out the related minutiae about a property, such as a description, details of any parts transferred, particulars of ownership, and other specifics about charges, rights of way, burdens, etc. Note: ‘…90% of the legal titles in Ireland are now registered

What is a Judgment (Debt/ Money)? When monies are owed by a person or a legal entity the courts may issue a ruling stating that the creditor (or other plaintiff) is entitled to a certain amount of money. Once the creditor has obtained a judgment, the creditor can employ a host of methods to collect the money that are otherwise unavailable without ajudgment. Why should the purchasing solicitor/ conveyancer search for a Judgment (Debt/ Money) when investigating title in a property/ right/ interest purchase? By registering the debt in the Judgment (Debt/ Money) register maintained by the Central Office of the

What is a Lis Pendens? Literally the term translates from its original Latin as ‘Pending Litigation’ and refers to burdens registered against property in situations where there are Circuit or High Court proceedings still deemed to be in progress or still pending.  In reference to Section 69 (1) (i) of the Registration of Title Act 1964, the act describes the type of burdens which may be registered as affecting registered land. Included in those are: –  ‘…(i) any judgment mortgage, recognizance, State bond, inquisition or Judgment (Lis Pendens), whether existing before or after the first registration of the land;…’ Why should

What is a Company search? A company search is a search against the registered name or number of a legal entity recorded in the registers of the Companies Registration Office (CRO), which is the ‘…central repository of public statutory information on Irish companies and business names….’. This type of search can be conducted instantaneously for registered users via our proprietary website at www.ellis.ie.  Why should the purchasing solicitor/ conveyancer search for a company when investigating title in a property/ right/ interest purchase? There are several reasons why a company search might be conducted as part of the conveyancing process. The

What is Bankruptcy? Bankruptcy is a process where, for a person who is wholly or partially unable to repay their debts (both secured and unsecured), a compromise with creditors is agreed and approved, and entered into with the court’s oversight. The intention of the bankruptcy process is to equitably allocate your assets among your creditors and in turn provide safeguards for bankruptees from these same creditors. This reallocation process is conducted through a court official (the Official Assignee in Bankruptcy), who administers the Bankruptcy Division of the Insolvency Service of Ireland (ISI). Why should the purchasing solicitor/ conveyancer search for