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Amendment of section 91 of Principal Act
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12. Section 91 of the Principal Act is amended—
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(a) in subsection (1), by the substitution of the following for paragraph (g):
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“(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—
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(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
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(ii) the debtor—
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(I) has entered into an alternative repayment arrangement and has, in good faith, endeavoured to comply with that arrangement, and
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(II) the personal insolvency practitioner has provided the debtor with a confirmation under subsection (2A);”,
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and
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(b) by the insertion of the following after subsection (2):
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“(2A) A confirmation under this subsection is a confirmation in writing by the personal insolvency practitioner that, having regard to the financial circumstances of the debtor as disclosed in the Prescribed Financial Statement completed by the debtor, and the terms of the alternative payment arrangement referred to in subsection (1) (g) (ii), it is the belief of that practitioner that the debtor, if he or she were not to enter into a Personal Insolvency Arrangement, would be unlikely to become solvent within the period of 5 years commencing on the date of the personal insolvency practitioner giving that confirmation.”.
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