Seanad debates

Tuesday, 4 December 2012

Personal Insolvency Bill 2012: Committee Stage (Resumed)

 

Government amendment No. 41: In page 34, lines 38 to 45 and in page 35, lines 1 to 8, to delete subsections (1) to (3) and substitute the following:?28.?(1) Where the Insolvency Service, following its consideration under section 27?(a) is satisfied that an application under section 26 is in order, it shall?(i) issue a certificate to that effect, (ii) furnish that certificate together with a copy of the application and supporting documentation to the appropriate court, and (iii) notify the approved intermediary to that effect, and(b) is not so satisfied, it shall notify the approved intermediary to that effect.(2) Where the appropriate court receives the application and accompanying documentation pursuant to subsection (1)(a), it shall consider the application and documentation and, subject to subsection (3)?(a) if satisfied that the criteria specified in section 24(2) have been satisfied, shall issue a Debt Relief Notice in respect of the debts specified in the application under section 26 which it is satisfied are qualifying debts, and (b) if not so satisfied, shall refuse to issue a Debt Relief Notice.(3) The appropriate court, where it requires further information or evidence for the purpose of its arriving at a decision under subsection (2), may hold a hearing, which hearing shall be on notice to the Insolvency Service and the approved intermediary concerned. (4) A hearing referred to in subsection (3), unless the appropriate court considers it appropriate to hold it in public, shall be held otherwise than in public. (5) The registrar of the appropriate court shall notify the Insolvency Service where the appropriate court?(a) issues a Debt Relief Notice under this section, (b) refuses an application under subsection (2)(b), or (c) decides to hold a hearing referred to in subsection (3).?.

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