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Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 2:In page 3, between lines 10 and 11, to insert the following:“Amendment of section 9 of Principal Act 2.Section 9(1) of the Principal Act is amended by—(a) the substitution of the following for paragraph (e):“(e) promote public awareness and understanding of matters relating to personal insolvency, and provide information on the working of this Act...

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 3:In page 3, between lines 10 and 11, to insert the following:"Amendment of section 26 of Principal Act 3. Section 26 of the Principal Act is amended in subsection (2)(a) by the substitution of "€35,000" for "€20,000".".

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I appreciate the intention of the amendment which seeks to ensure information about credit refusals is publicly available. However, given the recent changes, I do not believe the amendment is necessary or workable in its current form for the following reasons. As the Deputy is aware, since the first quarter of this year, the Insolvency Service of Ireland already publishes details, on a...

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 5:In page 13, between lines 19 and 20, to insert the following: “Amendment of section 91 of Principal Act 10. Section 91 of the Principal Act is amended—(a) in subsection (1), by the substitution of the following for paragraph (g):“(g) that the debtor has made a declaration in writing declaring that he or she has co-operated for a period of at least...

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: 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...

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 6:In page 13, between lines 19 and 20, to insert the following:“Amendment of section 95 of Principal Act 11.Section 95 of the Principal Act is amended in subsection (5) by the deletion of “section 113(2)” and the substitution of “sections 113(2) and 115A(5),”.”.I am pleased to propose this group of amendments, which contains at...

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: Yes.

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: Yes, they will.

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: This is the first time a judge of the Circuit Court may, in specific circumstances, impose on lenders an insolvency arrangement which they voted down. That is a very important point to note. We are providing for a situation in which a borrower has only one creditor. I emphasised this point when I was introducing the amendment. Many people would be in that situation, with the bank having...

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 7:In page 14, line 10, after “approved,” to insert “subject to section 115A,”.

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 10:In page 15, line 41, after “proposal,” to insert “subject to section 115A,”.

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 11:In page 16, lines 13 to 15, to delete all words from and including “Where” in line 13 down to and including line 15 and substitute the following:“Where a Personal Insolvency Arrangement is approved at a creditors’ meeting in accordance with section 110 or, as the case may be, deemed under section 108 to have been approved, the personal...

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 12:In page 17, lines 2 and 3, to delete “section 111(7)” and substitute “section 111A(7)”.

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 13:In page 18, between lines 36 and 37, to insert the following:“Court review of proposed Personal Insolvency Arrangement 17. The Principal Act is amended by the insertion of the following after section 115:“115A. (1) Where—(a) a proposal for a Personal Insolvency Arrangement is not approved in accordance with this Chapter, and (b) the debts that...

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 14:In page 18, line 41, after “section” to insert “and section 119A”.This group of amendments ensures that where a personal insolvency arrangement has been imposed by the court, under the new review procedures, it can be varied if there is a material change to the debtor's circumstances. This is an important point. Amendments Nos. 14 and 16...

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 15:In page 21, line 28, to delete “as a notice” and substitute “as a reference to a notice”.

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 16:In page 23, line 4, to delete “or”.

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 17:In page 23, between lines 4 and 5, to insert the following:“(b) under section 119A(3) to a proposal for a variation or the giving to creditors of a notice under section 119A(4), or”.

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 18:In page 23, line 5, to delete “(b) under subsection (3)” and substitute “(c) under subsection (3)”.

Personal Insolvency (Amendment) Bill 2014: Report and Final Stages (14 Jul 2015)

Frances Fitzgerald: I move amendment No. 19:In page 23, line 31, to delete “this section” and substitute “this section or section 119A”.

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