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

Amendment No. 107 proposes the deletion of section 82 which provides that a terminated debt settlement arrangement under sections 78, 79 or 80 are to be deemed acts of bankruptcy. These are now listed in amendment No. 186 which inserts them in to the appropriate section in the Bankruptcy Act 1988. Amendment No. 185 inserts a definition of “trustee" for the purpose of interpretation. Amendment No. 186 amends section 7 of the Bankruptcy Act 1988 to provide that a failed or terminated debt settlement arrangement or personal insolvency arrangement will be included in the list of acts of bankruptcy. Amendments Nos. 187 and 188 are technical drafting amendments to improve the text of the Bill. Amendment No. 189 empowers the court to order the attendance of the debtor at the court hearing of the adjudication of the creditor’s petition for his or her bankruptcy and to make a full disclosure of assets and liabilities. This provision corrects a gap in the present legislation.

Amendment No. 190 is a technical drafting amendment to section 139 of the Bill, which replaces section 15 of the Bankruptcy Act, to add a reference to the requirements of section 11 of that Act being fulfilled. Amendment No. 191 is a technical drafting amendment to improve the presentation of the Bill. Amendment No. 193 provides for the ending of applications for payments by the bankrupt under section 65 in favour of the approach to bankruptcy payment orders now provided under Amendment No. 200. It also provides for the continuation and possible variation of an existing payment order under section 65. Amendments Nos. 194 to 198 are essentially drafting amendments to improve the text by providing for the issue of a certificate of discharge or annulment in a bankruptcy, and to make a necessary reference to a trustee in bankruptcy in the sections of the Bankruptcy Act 1988 concerned.

Amendment No. 200 substitutes and improves the current text in section 146 of the Bill inserting section 85D to the Bankruptcy Act in regard to bankruptcy payment orders which may, if the debtor’s circumstances permit, be sought. The court in deciding on such orders will have regard to the reasonable living expenses of the bankrupt and his or her dependants. Amendment No. 201 updates the time period in section 123 of the Bankruptcy Act in regard to potentially fraudulent actions from the present twelve months to the now standard period in this Bill of three years.

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