Personal Insolvency (Amendment) Act 2015 - a question

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The Personal Insolvency (Amendment) Act 2015 allows for a judge to overrule creditors rejection of a Personal Insolvency Arrangement (PIA).

But does the new legislation allow a judge to overrule creditors rejection of a Debt Settlement Arrangement (DSA) as well? Or does the legislation only apply to a PIA? (I tried reading the Act but couldn't understand it).
 
The amendments only apply to a PIA i.e. the courts may not overrule creditors rejection of a DSA.

Jim Stafford
 
My Pip says that because my Pia is to do with buy to lets and not my home I cant make an appeal at all.
 
That appears to be the case. In other words, you can only appeal if debt relating to your family home is included in the PIA. PIAs relating solely to Buy to Lets (BTLs) or DSAs (thank you to Jim Stafford for the above clarification) can't have a court over-rule a creditors rejection. It leaves people with rejected "Family Home Excluded" PIAs or rejected DSAs in a stalemate situation, with only bankruptcy as a means of eventual return to solvency. This Act is starting to look like a wasted opportunity to help the many thousands of people who are in trouble with BTLs and unsecured debt, but whose family home mortgage is sustainable.
 
Just to clarify.

The amendments to the Act will only apply to debtors who have a debt which is secured over their family home and in respect of which the debtors, on 1 January 2015, were in arrears with their payments, or the debtors, having been, before 1 January 2015, in arrears with their payments, had entered into an alternative repayment arrangement with the secured creditor concerned.

Jim Stafford
 
Yes that seems to be the case..can the bank then veto my case and force me into bankruptcy?
 
Jim..hugh relief,thankyou so much for taking the time to prepare this.Bankrupcy must be avoided in my own case.
 
This hasn't come into law though yet am I correct?
I phoned insolvency service Ireland and they have said that it's not in force yet, and couldn't tell me when either ?
My pip is waiting on this before putting an application in.
 
It was signed into law by the President on 28 July 2015. But the legislation contains a clause saying that an order needs to be made by the Minister for Justice and Equality for the contents to take effect. I don't know if this has happened yet.
 
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