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

I am withdrawing Report Stage amendments Nos. 149 to 152, inclusive, already furnished to the Bills Office. Amendment No. 66 proposes the deletion of section 82 which provides that terminated debt settlement arrangements under sections 78, 79 or 80 are to be deemed acts of bankruptcy. These are now listed in amendment No. 135 which inserts them into the appropriate section in the 1988 Bankruptcy Act.

Amendment No. 137 includes, in the relevant section 7 of the Bankruptcy Act 1988, a failed or terminated debt settlement arrangement or personal insolvency arrangement to the list of acts of bankruptcy.

Amendments Nos. 138 and 139 are technical drafting amendments to improve the text of the Bill.

Amendment No. 140 empowers the court to order the attendance of the debtor at the court hearing of the adjudication of the creditor's petition for his or her bankruptcy, and to make a full disclosure of assets and liabilities. This provision corrects a gap in the present legislation.

Amendment No. 141 is a technical drafting amendment to include a reference in section 139 in relation to section 15 of the Bankruptcy Act to add that the requirements of section 11 have been fulfilled.

Amendment No. 142 is a technical drafting amendment to improve the presentation of the Bill.

Amendment No. 142b on the supplementary list inserts a saver provision into the Bankruptcy Act to preserve any existing arrangements the bankrupts may have under that Act. Arrangements under the bankruptcy legislation are being ended in favour of the new debt resolution arrangements provided in this Bill.

Amendments Nos. 143 to 148, inclusive, are drafting amendments to improve the text by providing for the issue of a certificate of discharge or annulment in a bankruptcy and to make a necessary reference to a trustee in bankruptcy to the sections of the Bankruptcy Act 1988 concerned.

Amendment No. 148a substitutes and improves the current text of section 146, inserting section 85D to the Bankruptcy Act with regard to bankruptcy payment orders that may, if the debtor's circumstances permit, be sought. The court, in deciding on such orders, will have regard to the reasonable living expenses of the bankrupt and his or her dependants.

Amendment No. 153 updates the time period in section 123 of the Bankruptcy Act in regard to potentially fraudulent actions from the present 12 months to the now standard period in this Bill of three years.