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Changes to Irish debt law recommended

30/09/2009

The Law Reform Commission has recommended changes to the way some debt cases are handled in Ireland.

According to RTÉ (Radio Telefís Éireann - Radio [and] Television of Ireland), around 200 people are currently sent to prison over unpaid debts every year - but the Commission has stated that there should be a clear distinction between people who can`t pay and people who won`t pay.

Specifically, it recommends that people who genuinely can`t afford to repay their debts should not be sent to prison.

Over the last 15 years, the consultation paper points out, the availability of credit has grown dramatically - and so have the levels of indebtedness. As recently as 1995, the ratio of household debt to disposable income was 48%; in 2009, the ratio stands at 176%.

`Whilst most consumers are able to repay loans,` www.rte.ie states, `over-indebtedness has become a major problem for some, particularly since the economic downturn.`

Furthermore, at the moment `it takes 12 years to discharge a declaration of bankruptcy`, and the consultation paper recommends the introduction of a non-court-based debt settlement scheme, so honest debtors can `earn an earlier discharge`.

In the UK, the bankruptcy rules are very different. As the Insolvency Service website puts it: `You will be automatically freed from bankruptcy (known as "discharged") after a maximum of 12 months. This period may be shorter if the official receiver concludes his enquiries into your affairs and files a notice in court.`

In the UK, the court may require the person who`s been declared bankrupt to make payments towards their bankruptcy debts for a maximum of three years.

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