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Shatter Welcomes AIB Announcement On Home Loans And Confirms Enactment Of Insolvency Bill 2012 Before Christmas

Today’s report of steps being taken by AIB to address the circumstances of

mortgage borrowers in distress is welcome. To date the monthly

arrangements relating to a substantial number of home loans have been

modified by banks to assist individuals and families in difficulty by

agreeing temporary arrangements for interest only payments or partial

capital and interest payments and, in some instances, the temporary

suspension of payments. It is estimated that in the region of 80,000 home

borrowers have been assisted in recent years by such debt forbearance

arrangements agreed with financial institutions.

As we have progressed to the enactment of radical new Insolvency

Legislation, I have repetitively stated the importance of financial

institutions not only engaging in debt forbearance but also, in appropriate

circumstances, engaging in debt forgiveness where it is clearly warranted

and where there is no realistic prospect of an individual being in a

position over time to discharge in full debts for which they are liable,

including secured home loans.

Todays reported comments of Garry Stran, Head of Arrears Unit in AIB’s

Financial Support Group Division, that the bank will offer customers who

work with them and who find themselves in such circumstances, mortgage

restructuring which includes the possibility of a portion of debt

forgiveness or capital writeoff is welcome. It is clear that any such

arrangements can only apply to those who truly cannot pay as opposed to

those who will not pay and that there cannot be “wholesale debt

forgiveness”. It is, however, of crucial importance that debt forgiveness

be an option available and applied by financial institutions in dealing

with the circumstances of individuals under enormous financial stress and

who are in reality effectively insolvent.

The Insolvency Bill 2012 will be enacted through both Houses of the

Oireachtas by the 20th of December. The provisions contained in it for

individuals in substantial financial difficulty to enter into a Personal

Insolvency Arrangement provide a practical legal structure for debtors,

with the assistance of a Personal Insolvency Practitioner, to enter into

agreed arrangements with creditors, which include arrangements relating to

home loans. Constructive engagement in this process will assist insolvent

debtors in addressing their financial difficulties and enable creditors

including financial institutions restructure financial arrangements in a

manner which is realistic and facilitates debt recovery. For debtors it

holds out the prospect of their continuing to occupy and own their family

home and of real hope for the future.

The Insolvency Act 2012 will become operative early next year. It is, of

course, open to financial institutions to continue to enter into

appropriate debt forbearance arrangements with customers in difficulty and

where an individual’s circumstances clearly demonstrate debt forgiveness is

insufficient to properly and fairly address an individuals financial

difficulties, to agree to some portion of debt write off by way of debt

forgiveness. I expect other financial institutions to take an approach

similar to that to which AIB is committed as confirmed yesterday by Garry

Stran.