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Version status: In force | Document consolidation status: No known changes
Version date: 29 September 2015 - onwards
Version 2 of 2

12. Amendment of section 91 of Principal Act

Section 91 of the Principal Act is amended -

(a) in subsection (1), by the substitution of the following for paragraph (g):

"(g) that the debtor has made a declaration in writing declaring that he or she has co-operated for a period of at least 6 months with his or her creditors who are secured creditors as respects the debtor's principal private residence in accordance with any process relating to mortgage arrears operated by the secured creditors concerned which has been approved or required by the Central Bank of Ireland and which process relates to the secured debt concerned and that -

(i) notwithstanding such co-operation the debtor has not been able to agree an alternative repayment arrangement with the secured creditor concerned, or that the secured creditor has confirmed to the debtor in writing the unwillingness of that secured creditor to enter into an alternative repayment arrangement, or

(ii) the debtor -

(I) has entered into an alternative repayment arrangement and has, in good faith, endeavoured to comply with that arrangement, and

and

(II) the personal insolvency practitioner has provided the debtor with a confirmation under subsection (2A);",