Seanad debates

Tuesday, 11 December 2012

Personal Insolvency Bill 2012: Report and Final Stages

 

8:00 pm

Photo of David CullinaneDavid Cullinane (Sinn Fein) | Oireachtas source

I thank the Minister for accepting our amendment No. 59 and for removing the discretion of the personal insolvency practitioner. The previous wording, at section 77(2) on page 70 stated:


Where it appears to the personal insolvency practitioner concerned that there has been a material change in the debtor?s circumstances which would affect his or her ability to make repayments under the Debt Settlement Arrangement, the personal insolvency practitioner (whether on his or her own initiative or at the request of a creditor) may call a meeting of creditors to be held in accordance with this section.
The amendment calls for the word "may" to be replaced by "shall" and as the Minister said, removes the discretion of the personal insolvency practitioner and ensures that it does happen, which is I think good practice. I commend the Minister for accepting the amendment.

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