Seanad debates

Tuesday, 11 December 2012

Personal Insolvency Bill 2012: Report and Final Stages

 

8:00 pm

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

Amendment No. 52a on the supplementary list clarified the voting rights exercisable by a creditor at a meeting of creditors to approve a debt settlement arrangement that they are in proportion to the amount rather than the value of the debt due to the creditor on the day the protective certificate is issued. This is a better expression of the likely situation.

Amendment No. 105a replaces and extends the current section 104 so as to set out in a clearer fashion all of the relevant factors in regard to the termination and exercise of voting rights at creditors meetings in regard to the personal insolvency arrangement. Amendment No. 105b replaces the current text of section 106 with regard to the proportion of creditors required to approve a personal insolvency arrangement. The section has been shortened to reflect the key point, that is, the percentage of votes in total in thesecured and unsecured classes. Previous parts of the section have been relocated to the revised section 104.

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