High Court, pursuant to applications brought by a personal insolvency practitioner and supported by a creditor, grants an order terminating Personal Insolvency Arrangements because of admitted failure to disclose a Spanish property transaction, on the grounds that: there were significant omissions from the Prescribed Financial Statements which misled the applicant secured creditor into agreeing to Arrangements which caused material detriment to that creditor; and the omissions also involved serious non-compliance by the debtors with duties of good faith and full and honest disclosure in the Personal Insolvency Arrangement process.
Personal insolvency - applications brought by personal insolvency practitioner under s.122(1) of the Personal Insolvency Act 2012 to terminate Personal Insolvency Arrangements because of admitted failure to disclose a Spanish property transaction - applications joined by creditor - grounds on which a court may terminate a Personal Insolvency Arrangement are limited by s.122(1) of the 2012 Act - whether the inaccuracy or omission is likely to have made a difference to the way the creditor or the court, where relevant, considered and assessed the terms of the proposal - creditor must also show material detriment - evidence demonstrates significant omissions from the Prescribed Financial Statements which misled the applicant secured creditor into agreeing to Arrangements which caused material detriment to that creditor - omissions also involved serious non-compliance by the debtors with duties of good faith and full and honest disclosure in the Personal Insolvency Arrangement process.