Personal Insolvency Act

Dáil Éireann Debate, Thursday - 21 November 2013

Thursday, 21 November 2013

Questions (160)

Lucinda Creighton

Question:

160. Deputy Lucinda Creighton asked the Minister for Justice and Equality further to Parliamentary Question No. 131 of 13 November 2013, if he agrees that when he does commence section 157 of the Personal Insolvency Act 2012 later this month that it will create an analogous situation that anyone who has completed three years as a bankrupt prior to the commencement of this section will have to wait a further six months before discharge while those who complete their three years after the commencement of section 157 will be eligible for discharge in accordance with the rules and provisions of the new Act; if he will consider any means to address this problem. [49999/13]

Written answers

Minister for Justice and Equality

The provision in respect of bankruptcies existing for three years or more at the time of commencement of section 157 of the Personal Insolvency Act 2012, which is imminent, which enables those bankruptcies to be automatically discharged after a further six months have elapsed is a transitional measure, recommended by the Attorney General's Office. It permits both the Official Assignee in Bankruptcy and creditors sufficient time to enter any potential objections to a discharge of a person from bankruptcy. The new discharge period of 3 years is a much shorter period of time than heretofore. There is no anomaly created.