Seanad debates

Tuesday, 11 December 2012

Personal Insolvency Bill 2012: Report and Final Stages

 

Government amendment No. 55: In page 67, to delete lines 22 to 43 and substitute the following: ?(3) Where a Debt Settlement Arrangement is in effect, a creditor who is bound by it shall not, in relation to a specified debt?(a) initiate any legal proceedings; (b) take any step to prosecute legal proceedings already initiated; (c) take any step to secure or recover payment; (d) execute or enforce a judgment or order of a court or tribunal against the debtor; (e) take any step to recover goods in the possession or custody of the debtor, unless title to the goods is vested in the creditor or the creditor has security over the goods; (f) contact the debtor regarding payment of the specified debt otherwise than at the request of the debtor; (g) in relation to an agreement with the debtor, other than a security agreement, by reason only that the debtor is insolvent or that a Debt Settlement Arrangement is in effect?(i) terminate or amend that agreement, or (ii) claim an accelerated payment under that agreement.?.

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