Dáil debates

Tuesday, 6 November 2012

Personal Insolvency Bill 2012: Report Stage (Resumed)

 

9:25 pm

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

I move amendment No. 21:

In page 27, line 11, after "its" to insert "net".
Sometimes the inclusion of a single word can make a significant difference. This amendment proposes that when an assessment is made, it is net assets that should be considered, that is, the figure that is arrived at after liabilities are deducted. The objective here is to ensure that a realistic assessment is made and the debt settlement is fair. The same principle applies in regard to amendment No. 22, which proposes that the word "irrespective" be replaced with the phrase "taking in to account" in respect of mortgages or other charges against an asset. Our concern is to ensure that the assessment of assets is done realistically in the context of net available resources.

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