Seanad debates
Tuesday, 11 December 2012
Personal Insolvency Bill 2012: Report and Final Stages
Government amendment No. 48: In page 54, to delete lines 9 to 45 and substitute the following:?(1) Subject to subsections (3), (4), (5) and (8), a creditor to whom notice of the issue of a protective certificate has been given shall not, whilst the protective certificate remains in force, in relation to a specified debt?(a) initiate any legal proceedings; (b) take any step to prosecute legal proceedings already initiated; (c) take any step to secure or recover payment; (d) execute or enforce a judgment or order of a court or tribunal against the debtor; (e) take any step to recover goods in the possession or custody of the debtor, unless title to the goods is vested in the creditor or the creditor holds security over the goods; (f) contact the debtor regarding payment of the specified debt, otherwise than at the request of the debtor; (g) in relation to an agreement with the debtor, other than a security agreement, by reason only that the debtor is insolvent or that the protective certificate has been issued?(i) terminate or amend that agreement, or (ii) claim an accelerated payment under that agreement.(2) Whilst a protective certificate remains in force, no bankruptcy petition relating to the debtor?(a) may be presented by a creditor to whom subsection (1) applies in respect of a specified debt, (b) in a case where the petition has been presented by such a creditor in respect of a specified debt, may be proceeded with.(3) Without prejudice to subsections (1) and (2), and subject to section 63, whilst a protective certificate remains in force, no other proceedings and no execution or other legal process in respect of a specified debt may be commenced or continued by a creditor to whom subsection (1) applies against the debtor or his or her property, except with the leave of the court and subject to any order the court may make to stay such proceedings, enforcement or execution for such period as the court deems appropriate pending the outcome of attempts to reach a Debt Settlement Arrangement, but this subsection shall not operate to prohibit the commencement or continuation of any criminal proceedings against the debtor.?.
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