Seanad debates
Tuesday, 11 December 2012
Personal Insolvency Bill 2012: Report and Final Stages
Government amendment No. 7: In page 13, between lines 2 and 3 to insert the following: "(4) For the purposes of section 24(2)(g)(i), 84(1)(g) and 116(1)(g), a debtor enters into a transaction with another person at an undervalue if he or she-(a) makes a gift to, or otherwise enters into a transaction with, that other person on terms that provide for the debtor to receive no consideration or (b) enters into a transaction with that other person, the value of which, in money or money's worth, is significantly greater than the value, in money or money's worth, of the consideration provided by that other person.(5) For the purposes of section 24(2)(g)(ii), 84(1)(h) and 116(1)(h), a debtor gives a preference to another person if-(a) the other person is a creditor of the debtor to whom a debt (other than an excluded debt or an excludable debt) is owed, or is a surety or guarantor for any such debt, and (b) the debtor does any thing (including the granting of security), or suffers any thing to be done, which has the effect of putting that other person into a position which, in the event that the insolvency arrangement concerned is issued or comes into effect, as the case may be, would be better than the position in which that other person would have been if that thing had not been done or suffered to be done.".
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