Dáil debates

Wednesday, 7 November 2012

Personal Insolvency Bill: Report Stage (Resumed)

 

12:10 pm

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail) | Oireachtas source

I move amendment No. 100:

In page 55, to delete lines 18 to 22 and substitute the following:"58.—(1) Where a creditor or debtor is aggrieved by the issue of a protective certificate that creditor or debtor may, within 14 days of the giving of notice of the issue of the protective certificate, apply to the appropriate court for an order directing that the protective certificate shall not apply to that creditor or debtor. On such application, the Court shall make such order as seems just and reasonable taking into account all the circumstances of the debt.".
I seek to insert amended wording that will effectively allow debtors to have recourse to the court if they feel the protective certificate, as issued, is inadequate. It is to give the debtor a greater say.

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