Dáil debates

Tuesday, 14 July 2015

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages

 

7:30 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I want to deal with this point that they may not be eligible. In fact, that is a mistaken view as the Bill specifically protects people in mortgage restructures. It expressly provides a new section 115A(18)(b), inserted by amendment No. 13, whereby access to the new court review is available for a person who was in mortgage arrears on his or her home at any point before 1 January 2015 but has entered a mortgage restructure of those arrears. If the restructure has not restored the person to solvency, he or she can propose a PIA. Section 91 of the Act is also amended at amendment No. 5 to ensure there is no possible bar to this being done. If the PIA proposal is rejected by creditors, the person can apply for a court review of the rejection in accordance with the new section 115A of the Act. I hope that explains that issue.

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