Written answers

Friday, 16 September 2016

Department of Justice and Equality

Personal Insolvency Arrangements

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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105. To ask the Minister for Justice and Equality if there is recourse open to a person who is in an insolvency arrangement and who now feels they have been unfairly treated by their main creditor, that is the bank vis-a-vis other informal arrangements entered into outside of the formal insolvency process with other debtors; and if she will make a statement on the matter. [25057/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy will appreciate that the terms offered by creditors to debtors may vary between different institutions, over time, and between different categories of debtors. Different terms may also be offered between formal and informal arrangements. It is difficult to draw valid comparisons in individual cases for that reason.

A person who has entered a Personal Insolvency Arrangement will, however, have had the advantage of being fully advised by their personal insolvency practitioner, as required by section 52 of the Personal Insolvency Acts, on allthe options available at that point to address their financial difficulties - including an informal arrangement, as required by section 52(2)(d) - and will have made their decision on what arrangement to enter with the benefit of that advice, confirmed in writing as also required by section 52.

If the debtor's circumstances have changed materially since he or she entered the arrangement, section 119 of the Personal Insolvency Acts allows their personal insolvency practitioner to propose a variation of the arrangement.

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