Oireachtas Joint and Select Committees
Wednesday, 27 May 2015
Joint Oireachtas Committee on Justice, Defence and Equality
Insolvency Services: Insolvency Service of Ireland
2:00 pm
Mr. Lorcan O'Connor:
Ultimately we will have to see what the legislation prescribes as a solution. To the extent that I understand what is being proposed, in effect the current infrastructure will continue to exist so efforts will be made to get the requisite "Yes" votes at the creditors' meeting but in the event that this is not successful, the debtor will have an opportunity to appeal that decision to the Circuit Court judge. The judge will carry out various tests and will take a view as to whether that rejected proposal was fair and reasonable to all parties. If the judge were to come to that view and subject to meeting a number of conditions, then he or she would be in a position to impose that solution.
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