Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

Amendment No. 63 provides for a new subsection to section 61 which sets out how the costs and charges are to be apportioned in a debt settlement arrangement unless the arrangement already makes such provision.

The amendment provides that where an arrangement requires payment to a creditor, the creditors will be those holders of excludable debt, as defined in section 2, who have consented to participate in a debt settlement arrangement which is greater than the creditor would receive on a pari passubasis. The creditor is required to pay the fees, costs and charges to the personal insolvency practitioner who apportioned the payments made by him or her unless the other creditors agree.

Amendment No. 103 provides for a corresponding amendment to section 96 which sets out how the costs and charges are to be apportioned in a personal insolvency arrangement, unless the arrangement already makes such a provision.