Seanad debates

Tuesday, 4 December 2012

Personal Insolvency Bill 2012: Committee Stage (Resumed)

 

7:35 pm

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

Amendment No. 67 is a drafting amendment to improve the text. It provides in subsection (3)(b) for more specific reference to the documents required to be given to the creditors under section 66. Subsection (4) is being substituted with new text that makes it clear that where a creditors' meeting does not take place before the expiry of the protective certificate, the debt settlement arrangement procedure shall be deemed to have concluded.

Amendments Nos. 68 to 70 are technical drafting amendments advised by Parliamentary Counsel to provide for correct referencing consequential to the making of amendment No. 66. Amendment No. 107 is required to ensure consistency of approach between the debt settlement arrangement and personal insolvency arrangement provisions in regard to the calling of creditors' meetings. It also provides that where a creditors' meeting referred to in subsection (1) does not take place before the expiry of the protective certificate, the personal insolvency arrangement procedure shall be deemed to have come to an end. This is not sufficiently clear in the current draft of the Bill.

Amendments Nos. 108 and 109 are technical drafting amendments. They arise as a consequence of amendment No. 107 and update the cross-reference to section 102 to take account of the amendments that have been made to that section.

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