Oireachtas Joint and Select Committees

Wednesday, 25 October 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Mortgage Arrears Resolution (Family Home) Bill 2017: Discussion

9:00 am

Mr. Lorcan O'Connor:

I do not believe it can become more difficult than it is because the personally insolvency practitioner is shooting in the dark. I also do not believe it would make it particularly protracted because it has a stop line after 70 days at which point the negotiations must take place.

I am guilty of often using the terms "court review" and "appeal to court" when discussing the same thing. However, it is not a traditional appeal to the next court when a court finds in favour of A but B is not happy. It is a court review of a creditor's decision to vote "No". Accordingly, it is very much focused solely on what led up to that decision at the end of the protective certificate period. I would contend the only reason there was a "No" vote was that there was something within the protective certificate period that did not go the way the bank wanted. Creditors should not be able to bring up fresh arguments which they did not raise in the protective certificate period. Had they raised them, the practitioner could have taken on board and addressed them.

Comments

No comments

Log in or join to post a public comment.