Seanad debates

Tuesday, 11 December 2012

Personal Insolvency Bill 2012: Report and Final Stages

 

7:20 pm

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

Amendment No. 7 provides for definitions in regard to transactions at undervalue or the giving of a preference, such actions being designed to frustrate the legitimate interests of creditors. Amendment No. 22 is designed to refine the provisions in section 24 in regard to the conditions on the debtor applying for debt relief notice concerning any transactions he or she may have entered into in the previous two years designed to frustrate the legitimate rights of creditors. Amendment No. 26 is a drafting amendment. It arises as a consequence of the revised approach to transactions at an undervalue or of fraudulent preference.

Amendment No. 69 is a technical drafting amendment. It arises as a consequence of amendment No. 71 which proposes the deletion of section 84(2) and (3) from the Bill. Amendment No. 70 is a technical drafting amendment to improve the construction of paragraph (h) in relation to fraudulent preferences that might be made by the debtor. Amendment No. 71 proposes the deletion of section 84(2). This provision is no longer required following the proposed amendments in relation to transactions at undervalue by the debtor.

Amendment No. 114 is a technical drafting amendment which arises as a consequence of amendment No. 116 which proposes the deletion of section 116(2). Amendment No. 115 is a technical drafting amendment to improve the construction of paragraph (h) of section 116(1) in relation to fraudulent preferences that might be made by the debtor. Amendment No. 116 proposes the deletion of section 116(2) and (3). This provision is no longer required following the proposed amendments in relation to transactions at undervalue by the debtor.

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