Seanad debates

Thursday, 29 November 2012

Personal Insolvency Bill 2012: Committee Stage

 

Government amendment No. 1: In page 11, subsection (1), between lines 7 and 8, to insert the following:" "excludable debt", in relation to a debtor, means any:(a) liability of the debtor arising out of any tax, duty, levy or other charge of a similar nature owed or payable to the State; (b) amount payable by the debtor under the Local Government (Charges) Act 2009; (c) amount payable by the debtor under the Local Government (Household Charge) Act 2011; (d) liability of the debtor arising out of any rates due to the local authority (within the meaning of the Local Government Act 2001); (e) debt or liability of the debtor in respect of moneys advanced to the debtor by the Health Service Executive under the Nursing Homes Support Scheme Act 2009; (f) debt due by the debtor to any owners? management company in respect of annual service charges under section 18 of the Multi-Unit Developments Act 2011 or contributions due under section 19 of that Act; (g) debt or liability of the debtor arising under the Social Welfare Consolidation Act 2005;"excluded debt", in relation to a debtor, means any:(a) liability of the debtor arising out of a domestic support order; (b) liability of the debtor arising out of damages awarded by a court (or another competent authority) in respect of personal injuries or wrongful death arising from the tort of the debtor; (c) debt or liability of the debtor arising from a loan (or forbearance of a loan) obtained through fraud, misappropriation, embezzlement or fraudulent breach of trust; (d) debt or liability of the debtor arising by virtue of a court order made under the Proceeds of Crime Acts 1996 and 2005 or by virtue of a fine ordered to be paid by a court in respect of a criminal offence;".

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