Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 185:

In page 107, between lines 43 and 44, to insert the following:“(2) For the purposes of subsection (1)(e), a debtor is in arrears with his or her payments for a period of not less than 3 months where—

(a) at the beginning of the 3 month period ending immediately before the day on which the application was made, one or more than one payment in respect of the debts became due and payable by the debtor under the Personal Insolvency Arrangement, and

(b) throughout that 3 month period, the debtor was in arrears in respect of any or all of those payments.

(3) On hearing an application under subsection (1) the appropriate court may—

(a) dismiss the application,

(b) terminate the Personal Insolvency Arrangement, or

(c) order that the personal insolvency practitioner prepare a proposal for a variation of the arrangement in accordance with section 115.".

This amendment would insert new sections 117(2) and 117(3). The new subsection (2) provides a definition of a three-month arrears period for the purposes of section 117(1)(e).

The new subsection (3) provides for the powers of the appropriate court in respect of an application by the personal insolvency practitioner to have the personal insolvency arrangement terminated under section 117(1). Similar provisions have already been made in sections 79(2) and 79(3) in respect of the termination of debt settlement arrangements.

See this speech in context