Results 8,681-8,700 of 19,162 for speaker:Alan Shatter

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: I fail to see how the amendment adds anything to the understanding of the provisions in section 88. Rather, it risks confusion by seeking to add a reference to creditors other than the secured creditors concerned with regard to the Central Bank process on mortgage arrears on the principal private residence. This is a very specific reference with regard to the debtors prior involvement with...

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: I move amendment No.136:In page 77, line 44, to delete "in force" and substitute "in effect".These are technical drafting amendments which are required to ensure consistency in the terminology used in the Bill.

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: I move amendment No. 137:In page 78, to delete lines 14 to 21.

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: I move amendment No. 137a:In page 78, line 26, to delete "and the factors referred to in subsection (2)".

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: I move amendment No. 139:In page 79, to delete lines 11 to 13 and substitute the following:"(e) a schedule of the creditors of the debtor and the debts concerned, stating in relation to each such creditor—(i) the amount of each debt due to that creditor, and".

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: I move amendment No. 140:In page 79, to delete lines 17 to 22 and substitute the following: "(f) the debtor’s written consent to—(i) the disclosure to the Insolvency Service, (ii) the processing by the Insolvency Service, and (iii) the disclosure by the Insolvency Service to creditors of the debtor concerned, of personal data of that debtor, to the extent necessary in respect...

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: I move amendment No. 141:In page 79, to delete lines 23 to 25 and substitute the following:"(g) the debtor’s written consent to the making of any enquiry under section 90 relating to the debtor by the Insolvency Service.".

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: I move amendment No. 142:In page 83, line 18, after "process" to insert "in respect of a specified debt".

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: I move amendment No. 143:In page 83, line 23, after “Arrangement” to insert the following:", but this subsection shall not operate to prohibit the commencement or continuation of any criminal proceedings against the debtor".

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: I move amendment No. 144:In page 84, line 7, to delete "the order" and substitute "an order".

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: I move amendment No. 145:In page 85, line 4, to delete "paragraph (a)," and substitute "paragraph (a)".This is a drafting amendment to correct a grammatical error in the text of section 94.

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: I move amendment No. 146:In page 85, line 23, to delete “approved, by” and substitute “approved by”.This is also a drafting amendment, to correct a grammatical error in the text of section 95.

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: The Deputy proposes to delete the current reference to the maximum extension of a personal insolvency arrangement by a period of not more than 12 months and allow the arrangement to be a maximum of seven years. I feel this is a sufficient time to work the terms of the arrangement and objectively determine, being fair to all interests concerned, whether a sustainable outcome can be achieved....

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: It would afford an opportunity. I will give an example. They Deputy is aware that as one goes through working an arrangement there may be temporary circumstances which result, with the assistance of a personal insolvency practitioner, in the arrangement being re-organised for a period. However, it cannot be re-organised indefinitely to go on for years and years for the sake not only of...

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: Not automatically but it may suit the debtor and creditor to agree an extra year on the basis that it would then work. It would be open to them to do so at an early stage also, but it is not the perception that the standard period should automatically be seven years.

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: The Deputy proposes the deletion of the current reference to certain categories of debt in section 95. These debts, which broadly refer to charges of a local authority nature, debts owed under the Nursing Homes Support Scheme Act 2009 or arrears owed to a management company under the Multi-Unit Developments Act 2011 may only be proposed for debt resolution in a personal insolvency...

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: And have another €600,000.

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: Deputy Mac Lochlainn is not listening to what I said about that issue. He is trying to equate the debt relief notice provision, which allows for the writing off of €20,000 without a compulsion to repay in circumstances where a person simply has nothing, with a whole range of stuff within that which allows approximately €6,000 worth of assets to be ignored in the context of...

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: The reality is that this is not an easy way out. I believe the Deputies will realise that when we start working it. There is a question about the relevance of any financial limit in circumstances where this is about trying to ensure debtors meet a portion of their obligations in circumstances in which creditors more or less agree that it would be a worse alternative for them if those...

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Alan Shatter: I have already said that it is easy to present it that way.