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

These amendments deal with situations where a creditor or personal insolvency practitioner wishes to challenge the coming into effect of a debt settlement arrangement or personal insolvency arrangement or to have such an arrangement terminated in accordance with the Bill.

Amendments Nos. 101 and 108aretechnical drafting amendment to insert necessary cross references into sections 79 and 84. Amendment No. 102clarifies, in the context of a court’s consideration for the application for termination of a debt settlement arrangement, at what point in time the eligibility criteria were not met. Amendment No. 103is atechnical drafting amendment to improve the presentation of the Bill. Amendments Nos. 104 and 161 provide for a clearer expression of what constitutes a period of arrears for the purposes of an application to the court by a creditor or personal insolvency practitioner for termination of a debt settlement arrangement or personal insolvency arrangement on the grounds that the debtor is in arrears with his or her payments for at least three months. Amendments Nos. 105 and 162will ensure that the debtor also will be given notice by the personal insolvency practitioner of the termination of a debt settlement arrangement or personal insolvency arrangement due to a six month arrears default. Amendments Nos. 110 and 156aretechnical drafting amendments to sections 84 and 116 to make it clear that a creditor may only challenge a debt settlement arrangement or personal insolvency arrangement on the grounds that the debtor has committed an offence if the offence in question has caused a material detriment to the creditor. The purpose of Amendment No. 163 is to define, in section 118, when a six month arrears default takes place. The new subsection reflects the text of section 80(3), which defines a six month arrears period for the purposes of a debt settlement arrangement.

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