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Dublin: 12 °C Monday 20 May, 2013

Debtors should sell their personal jewellery to get relief, says Shatter

The Minister for Justice said jewellery including engagement rings should be sold off if people want debt relief.

Image: {ErinKphoto} aka redcargurl via Flickr

PEOPLE SHOULD SELL off their jewellery – including engagement rings – if they want to avail of the Government’s new debt relief legislation, Alan Shatter has said.

The Minister for Justice rejected suggestions that personal items of jewellery should be exempted from the means-testing process for struggling debtors, saying it would be open to abuse.

Under the Personal Insolvency Bill published last week, debtors cannot own assets worth a total of more than €400 if they want to avail of relief.

There are exemptions for essential household appliances, any work equipment, and a car or van worth up to €1,200. But Shatter said personal jewellery would not be exempted, even if it had sentimental value.

I am mindful of the sentimental, as much as actual, value of items such as engagement rings, etc. However, given the potential for misuse of such a possible exemption, I would need to hear very convincing arguments as to why a person applying for a full debt write-off of up to €20,000 [...] should be allowed to retain expensive items of jewellery which might be sold to repay some of the debt.

Shatter was addressing the Dáil as he introduced the Personal Insolvency Bill, which introduces three new processes for debt resolution.

He said the Government expects a huge increase in bankruptcy applications when the new legislation comes into force – up to 3,000 or more in the first year, compared to the 30 seen in 2011.

Services will also be braced for around 15,000 applications for debt settlement and 3-4,000 applications for relief, Shatter said.

The Minister added that he expects the new service to begin operation around January 2013.

Read: Shatter publishes long-awaited plans to reform insolvency law>

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Comments (86 Comments)

  • I think “Cash4Gold” got there before ya Alan.

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  • It’s difficult for me to fathom how ‘a car or van worth up to €1,200′ can even be counted as an asset. Well on the way to becoming a liability and will cost more than it’s worth to run. And I speak as someone who drives such a vehicle.

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    • Shatter continues to display how out of touch he is with the real world! Again, more attacks on societies most vulnerable. If this is aimed at wealthy people, why is the total assets base limit as low as €400? Donkey !

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    • Katie, the “car or van worth up to €1,200″ is exempt from being counted as an asset for the purposes of means testing. You are agreeing with the minister here.

      Flastaff, would you not agree that people in debt should first make an attempt to help themselves before we, as taxpayers pay their debts for them? If someone has assets to the value of a couple of thousand euro (excluding essential household appliances, work equipment, and a car or van worth up to €1,200), surely they are in a position to use those assets to pay off their debts.
      Don’t forget that things like laptops etc. can count as work equipment so when you add up all the exempt assets you will come to an allowable figure of a lot more than €400.

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    • I may have phrased that badly. My point was that if you own (and I mean own) a car with, say, a value of €5000-€7000, which will be nothing flash but serviceable, making you sell it to buy a jalopy would seem incredibly petty and thus I can’t see the logic of such a low valuation.

      I thought it was generally recognised that having old wreaked cars on the road was not conducive to anyone’s safety. €1200 is close to scrap value.

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    • This man is a total goon. I’m damned sure that he’s been to lunches that came to more than €400, yet he comes out with this sort of claptrap.
      I’ve said it before but it bears repeating; he lives a different dimension!!

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    • You make a good point Katie, although I’m not sure I’d agree with you on a €1200 car being close to scrap value. My own car would be worth about that but I intend to get many more years’ use out of it!

      In an ideal world, it’s better for people to be driving cars worth €5000-€7000 as they will require fewer repairs, will last longer, are cheaper to run, etc., but I suppose the point here is that if you are going to ask for your debts to be paid off for you, you need to have made a serious effort to have paid them off yourself. This would include selling your car for a crappier one that may cost you more in the long run, but will at least allow you to pay off your debts and start slowly working your way back up.

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    • I have an old, pretty much valueless and also reliable car too. Lucky you, lucky me.

      If I were sent out tomorrow with €1200 to buy a car, I might even be lucky again, but frankly the odds are against me

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    • Would it pass the NCT?

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  • Something a bit vindictive about this. I’d feel very sorry for someone who had to sell their engagement rings. I’m sure marriages where the couple are in debt are experiences enough pressure.

    Also if you have a ring that cost €1000 to buy an insurance company will value it at €2000 but if you try to sell it you’d be lucky to get about €300. A lot of wealthy jewelers will make a fortune out of this. Seems whatever way we turn in this recession the rich get richer and the poor get poorer. You can always make good reasons to do the wrong thing. I just feel very sad for people who will be faced with this.

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  • When i read the headline, i was ready to attack Shatter…

    But to be fair, if you read his quote ..
    “I am mindful of the sentimental, as much as actual, value of items such as engagement rings, etc. However, given the potential for misuse of such a possible exemption, I would need to hear very convincing arguments as to why a person applying for a full debt write-off of up to €20,000 [...] should be allowed to retain expensive items of jewellery which might be sold to repay some of the debt.”

    And then consider the likes of Fingers Fingleton, the Dunnes, the Quinnn family etc, who are all trying to stash money everywhere, and ask the Irish tax payer to pick up their tabs, while declaring themselves Bankrupt, then Shatter is right…

    But he is wrong, if he is aiming the legislation at some Young couple, who took out a monster mortgage at thge height of the boom, and through no fault of their own, lost their incomes and need to declare themselves bankrupt etc…. These people should not have to sell engagement rings etc…

    On balance, people who owe billiions, generally have jewellery worth a lot more than the average Joe Bloggs. I am quite sure that is what Shatter intended.

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    • people who have assets over 400euro. id hardly call that a billionaire.
      this shatter lad seems to get more vile everytime he opens his mouth just like hulk hogan.

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    • This is the worst form of attack on people with debts. Presumably we are now to have pawn brokers and money lenders terrorising people once more. what a load of contemptuous nonsense.

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    • and the maximum debt write down is 20 grand. so its definitely aimed at lower paid people in mortgage arrears! serious how can labour even look and vote for this man. he is a disgrace. what about the likes of Quinn?? he hardly doesn’t have debt of 20 grand! its yet another attack on the most vulnerable in our society. and cal its not like you to be defending him what’s goin on lol

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    • Fingleton has not handed back his €11,500 watch. Which was paid for by the taxpayer. Yet mortgage holders must hand over jewellery.

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    • I want to slap this man. He doesn’t even have to open his mouth for me to feel that I need to use violence towards him! Ordinary people that had jobs, paid their bills, taxes, morgs on a house, don’t have anything left. Does he not realise that many have sold whatever ‘valuables’ they had to keep their heads above water in the past 2/3 years? This isn’t even including the poor unfortunates that are paying morgs. for a house that isn’t worth the paper it’s written on due to pyrite and bad building, which was passed by councilors, surveyors, safety, engineers which they now find, that they have no leg to stand on because Home Bond etc. are gone.

      Why is this person even given time to speak. Individuals like him, that live in their ‘special’ world should visit families that are suffering hugely because of others greed and thieving hands. He will see the sadness, depression and totally lost look on these families faces, not only on the adults, but the children’s, because they are involved hugely. The children have no idea that their adult life is going to involve paying for others greed and they have no idea why their parents are so sad and laugh very little any more.

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    • “All government, in its essence, is organized exploitation, and in virtually all of its existing forms it is the implacable enemy of every industrious and well-disposed man.”
      H.L. Mencken

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    • Sheila, I understand your sentiment. Really I do.
      I think how Shatter words the Bill will be very important. How long a piece of Jewellery is in your familes possession should be taken into account. IE, was the Jewellery an heirloom or engagement ring, wedding ring …
      I like Fagans suggestion that wedding/engagement rings along with Jewellery to the value of 5k should be exempted.

      After that, everything should be up for negotiation. I think Shatter may be trying to be fair to some creditors that are losing their businesses becuase in some causes, debtors claiming to have nothing, but have embezzled millions into untouchable assets like artwork/jewellery etc won’t pay up.
      I cannot stand Shatter, in recent times, he has deliberately or stupidly called Derry by a name that was so insensitive to the Irish population there. He has called anyone who votes for anyone else other than FFg/Labour/FF ‘deluded lefties’.
      Maybe the guy just needs to learn to think before he opens his mouth. But in essence i agree with forcing millionairs/billionaires to sell whatever assets they have (outside of those outlined above) to pay off loans to struggling business owners.

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  • Dear minister, tell your party leader and minister for finance to stop using our money to pay other peoples debts, then you may be able to speak with some authority about how we should clear our own.

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  • ..I guess from now on the saying will be: “What a load of Shat”

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  • I don’t have a car, I can’t afford one. But I got a bike under the bike-to-work scheme that cost over €400 (not sure what it’s worth). Would he take that off me?
    (I never liked Shatter, he’s an arrogant git at the best of times)

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  • Diamonds have no resale value, unlike gold which can be traded. In fact they have no intrinsic value and so nobody will be selling their engagement rings. Very interesting book here on how DeBeers managed to create a demand for a product of no value:

    http://edwardjayepstein.com/diamond/prologue.htm

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  • This seems a little bit over the top to me.

    With respect to cars, anyone who owes money on a car worth anything got it on finance, so it’s probably been handed back under the half-rule, or taken back already. If someone still has an active hire-purchase scheme, it seems fair that they give it up, as they don’t own the car. That said, someone might still have a car worth 10K and owe 10K in personal debt. Seems like this could be open to abuse.

    With respect to jewellery, this has sentimental value and is a funny one. However, again, this could be open to abuse. If someone has 15k of credit card debt and they bought a 5k engagement ring on a credit card, is it fair for them to keep it? It’s hardly fair, to take it from their fiancee. So where’s the balance.

    Lots of people have savings as well as significant personal debt. Someone cynical could spend their savings on a car or jewellery, and then hit the insolvency button. This is moral hazard.

    We need something to protect this system from abuse. The better off in society will immediately jump at the chance to bury any cash they have in assets for the wife, as they have always done. We will need a rule about asset purchases made in the last 12 months, so that this cannot be abused.

    We also need figure for car values. Not, “take any car worth over 1200 euro”. People need a car. Anyone I know driving a 1000 euro car would rather not have the expense of running a car, they have it out of necessity. They would struggle to raise cash for a car in insolvency. A better rule would be something like “If you have a car worth over 5K, you need to downsize it to 5K”. This stops people from keeping nearly new cars they own outright, but doesn’t begrudge someone a car that’s of a reasonable age, in reasonable working order.
    - This will stop the insolvent barrister from keeping his 5 series while dumping his personal debts on the taxpayer

    I think you could do something similar for jewellery. Jewellery up to, say, 5K is protected and anything inherited from your grandmother or whatever is beyond the bailiff and not counted. Anything over that and they won’t take your engagement ring, but you cannot be discharged from a portion of the debt to compensate your creditors. So say, at the end of the insolvency, you might owe another few K to your creditors. Not necessarily the full amount of your jewellery’s inflated insurance value, but just something towards protecting from abuse
    - This means the insolvent barrister who bought a 50K engagement ring for his fiancee out of an equity release doesn’t walk away laughing. He keeps some portion of the debt after insolvency in the interests of fairness.

    Be very, very careful with this kite flying people. The pop-up pro-bono debt management agencies, are flying kites with examples of hard pressed ordinary people. If there’s a back lash saying:
    - OF COURSE you should be able to keep your cars! People need their cars!
    - OF COURSE you should be able to keep your jewellery! Jesus, the humanity!
    - Keep people in their family homes!
    then you’ll have given them exactly what they want.

    Yes, you’ll have kept your car and jewellery, but the protected upper middle class will get away with dumping the gambling debts they built up in their leveraged personal retirement accounts, while staying in their trophy homes and driving their luxury cars. And they’ll stuff their cash assets into jewellery for the wife.

    Any inch you give ordinary joe soap here, will amount to a mile for the better off, who will have their solicitors, financial/tax advisers, accountants etc. In fact, there will be a new breed of experienced insolvency advisers for the wealthy soon – watch the left hand of the pop-up debt management groups who are ostensibly working for free to protect ordinary Joe. The cynic in me says they are laying the groundwork to create precedent for protecting the professional classes and getting the old-boys club out of the mire.

    We need limits. Hard and fast limits on what can be protected. Avoid an emotional response here, and watch what the left hand is doing. Put a limit on car values, and a limit on personal jewellery

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    • Can’t disagree with much of that, we certainly need steps to prevent abuse of this measure. But I don’t think anyone on this thread was suggesting that people should be allowed hang on to new BMW’s or jewelry amounting to tens of thousands.

      The thing that seems missing to me is common sense. Really how difficult can it be to distinguish, based on their financial history (which will surely be on the table here) who is taking the piss and who is genuinely in severe difficulty from which they are never, ever going to be able to recover without some measure of relief.

      I am not going to be personally affected by this, simply by dint of being born long enough ago that I reached house buying age before the boom and of being too timid to take the advice of those (several of them working for banks) who urged me to ‘leverage my asset’ during it. But I know several ordinary decent people who are in great difficulty, surviving already (and not easily) from week to week with constant never ending worry about their debt. I would hate to think that in the effort to prevent abuse that their already pretty miserable lives are destroyed completely by something that turns out be no solution at all.

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    • very well said Ronan.

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    • Great, balanced, well thought out comment.

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  • Scarr 06/07/12 #

    The fact is that if jewellery were exempt then you would find the likes of Sean Quinn into mr gear and weirs, buying up sovereign rings and diamond necklaces ago-go. Then we’d be back on here lambasting our admittedly, mainly incompetent, gov for letting it happen. There should be, and maybe I missed it, a threshold for engagement rings, 10,000 would be more than fair would it not?

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    • I think when you are talking a general limit of €400 in assets and a maximum debt write down of €20,000 we are not in Quinn territory.

      Remember that many of the real culprits in this had their assets taken off their hands by NAMA, who then employed them on hefty salaries to manage those very assets. For these people it seems that €100,000 plus was considered to be a living wage. If you are one of the the little people then you have to flog your rings, drive a jalopy and if you’re good and behave yourself we’ll let you hang on to the washing machine.

      This is supposed to be a way of dealing with the insurmountable debt of ordinary people trapped by extraordinary circumstances. Beggering them to the point where they only have the clothed they stand in isn’t really much of a solution and doesn’t benefit anyone.

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    • Who’s going to own 10,000 engagement rings?

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  • arrogant inconsiderate man.

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  • With him as minister for justice most people with any jewellery will have had it stolen soon enough as he lets all the criminals out of prison to make room for non payers of the household charge

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  • Ghastly little front man for robber barons strikes again

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  • What planet does this man and his cronies live on .

    He will be asking us to sell our children next Has he or his government any concept of what people are doing to relieve their debt. Am I the only household in this country without even the luxury of a TV after working and paying tax doe over 30 years.? I am an Irish Citizen ….. maybe I am just a wrong nationality……………..

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  • Mr Quinn and his likes are not dealing with debt of under 20k.they know they are dealing with people with very little money here. But it’s a good example of how evil they are.this is rotten to the core .

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  • “I am mindfully” is the phraseology of someone that cares, it is not the right of this so called government to imply that it cares. There jackboot policies are all that they understand, blue shirts striping away last bit of dignity left to real Irish people, We are watching. We are recording. Irish people educated now, beware

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  • Anymore insidious comments like that and I’m sure Shatter alone would stir up a Greek up rising. It’s the same mindless, out of touch drivel that started the french revolution – we have no bread lads, so we’d best stick with the cake then!!! A car worth 1,200 is a liability but it gets someone to work Mr Shatter, if they have a f****in job at all, and as for keeping the only bits of memories you have left up to 400e then think again Mr Shatter, it wasn’t us that crucified our ability keep our head above water. But of course you can, your one of the most expensive Ministers in the Eurozone! – This reply is emailed directly to your office Mr Shatter!

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  • Is this a joke just to rev.people up.is this what we need to get us to rebel. What kind of an idiot is this guy.if anyone has a valuable ring they are not going to b letting him see it oh maybe he ll send his hench men around to houses to search for them like the regular thugs .

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  • So FG want to take everything,including the shirts from our backs, except engagement rings worth less than e400. Obviously Shatter has never thought about buying an engagement ring( I wonder how much he pays for his shirts). Scrap value for such an item would be around e150. As for vehicles worth less than e1200, firstly I doubt it would pass the NCT and secondly its scrap value would be negated by the scrappage fee of e600. Neither of these items value would have any impact on resolving a personal bankruptcy (being declared personally bankrupt over the sum of e1600 is obscene)

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    • Don’t fall for it. They don’t want to take the shirt off your backs. They want you to think that, so that you say:
      “Ordinary Joe must keep his car, and his house, and his jewellery, and his personal belongings. They must be beyond reproach”

      Then, they’ll supposedly back track and say:
      “We understand the people! We agree! You can keep your stuff and become insolvent!”.

      These rules will be written in, and the professional class will use it to keep their assets while they dump their gambled leveraged pension on the taxpayer.

      Personal insolvency will provide a reasonable deal for ordinary Joe, but don’t let outrage provide the smokescreen they want so that it can provide an incredible deal for extraordinary Tarquin.

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  • OU812 06/07/12 #

    Apologies for the F-Bombs above, I’m extremely angry.

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  • You have to agree with the minister’s line of thinking. If you own something that is not absolutely essential, you should be forced to sell it to clear your debts. Now perhaps he should legalise the black market in human organs as another source of cash for the strapped debtors. You only need one kidney, so why not sell the other one to clear your debts? Your liver can regenerate itself, so cut out half of it and sell it and clear your debts. Aren’t they doing hand and arm transplants now do? Do you really need that second hand? Now that there’s no engagement ring on it, why not just sell that too?

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  • People with no money have little left but maybe some things that mean the world to them, such as an engagement ring. These are little things people attach themselves to and symbolise an emotional attachment to another person. You force someone to give up their keepsakes and now they’ve nothing at all. And who’s to say they won’t feel they’ve absolutely nothing worth living for any more and call it a day ? I see the logic behind this condition in the legislation but Shatter – let me ask you how you think you’d feel if you became aware that someone committed suicide because you took all they had left of value to them in this world ? People forced into unbearable situations are pushed further towards taking unbearable actions sometimes. You need to avoid simplistic rules like this one and draft your legislation to protect the vulnerable, not go for the easy option of aiming it at someone who has loads of jewellery worth thousands and also painting the genuine Jane Doe and her only piece of jewellery which is precious to her with it. You’re wrong on this one Alan because you don’t want what you see as unnecessary complexity. But I tell you now – if you want to do this right you will have to live with the complexity and make sure the legislation protects those who need protection, not potentially force them into an emotional black hole.

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  • How heartless to force someone who has finically collapsed and will have to sell everything to pay for the mismanagement of this country to have their engagement ring taken and sold for the price of scrape gold. A house, a car etc I can understand but a token of love once felt? These are the plans and ideas of justice from people who take home over €2000 and feel no shame in betraying the people who voted for them to make things right and have barefacedly backtracked and lied. More gold for the wages of the greedy, one of whom declared “Not a penny more!” Perhaps next time people will demand to know “not a penny more for whom?”

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  • Mark u can read it as often as u like. It still says the same thing people owing less than 20 k and have to go bankrupt because of it could b stashing away their valuables .what utter lack of understanding of where people are at after over 4years .what s valuable is gone , savings are gone,income robbed, or non existent.how could shatter or any of his cronies get that when they still have their jobs and perks and are totally stupid as well.none of em can come up with even a basic plan other than “give us what u have”

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  • Why not do it properlynSell the kids to work down pit also nOr maybe into the sex trade it’s very lucrative also creating taxable incomenThis from a man who gets expenses and a car that would keep several big families on the dolenWhat planet do these people live onnIt’s certainly not EARTH !!!!n

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  • The cheek of the b——but of course he is not the first minister to ask people for their rings as payment . Nobody would b lookin for debt forgiveness if we weren’t screwed up by having to pay bond holders

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    • Eilish you should read the statement by Shatter again and then apologise for misunderstanding what he said. If you understood him the you are not being honest in your criticism. The law is an imperfect creature and permitting the retention of personal jewellery could provide a means of converting or hiding assets from the bankruptcy Court. This would be a very simple way of cheating at a stressfulntime and we already see what can be done with a high profile case in the High Court at the moment.

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    • Most people only have one engagement ring. See no reason why an exception can not be made for something like that. Rest of the jewelry can be sold off if necessary. This legislation is not aimed at billionaires or the well off. To be honest I find very hard that someone with less then €400 is going to be buying up jewelry in an effort to avoid their debt.

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    • Mark your the one missing the point here. With 400k unemployed, and 100k in mortgage distress as we know it; the very very small minority of twisted claims should not out way the good of the whole it will do. All I read of this Government is a paranoia and fear of doing anything really constructive unless someone other than themselves gets a rise out of it. Big job in front, get on with. But I still think the whole bill, is geared more to retribution style governance than actual economic wisdom.

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  • We need more ironic ministers.
    A wealthy, debt free man dictates on how people should manage their debt, next up – an obese man tells us to watch what we eat.

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  • Shatter isn’t just scraping the end of the barrel, he has started gnawing at it like a trapped disease ridden rat! Getting people to sell engagement rings…. Jesus! Shatter, you’re not just out of touch you are on another planet! While the rich declare bankruptcy and still take two /three holidays a year and other luxuries, Shatter is looking for coins down the back of sofas belonging to the poor. Despicable man!

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    • That’s a seriously ignorant posting. If you are declared bankrupt in this country you cannot go on three holidays a year because the Courts have your passport. Please use facts in your contributions.

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    • Mark, can you show me where it states that if you are made bankrupt because the courts have your passport?

      The reason I’m asking is that a bankrupt person can travel abroad as long as their assignee and court are satisfied that they are not doing so to avoid the consequences of their bankruptcy. This would go against your assertion that the court holds your passport and would put your ‘ignorant’ remark in context.

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    • Grammatical error, should be ” can you show me where it states that if you are made bankrupt the courts have your passport?”

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  • Well said Brid – Bad laws make the mainstream law abiding folk into criminals. Yet there’s no justice in this country for the mainstream law abiding folk.

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  • So in this situation, in your opinion, someone who couldn’t afford to pay their debts but happily splashed out on a €425 pair of specs deserves to walk away from the debts and keep the specs?

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  • Whats next maybe they could give a kidney or half a liver or a couple of points of blood , those people did not cause the problem the people that caused the problem are on hoidays or playing golf or retired on the big pensions laughting at the rest of us while the government of the day are only interested in robbing the people to pay other peoples debts.

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    • Unless they are CEOs or public sector, they might effectively have no pension. While you slave away and put a few quid away each month towards your retirement, there’s a class of people who provide for their pensions privately.

      Now they didn’t want to just save, or put away a few quid for retirement. They wanted to leverage and be millionaires on retirement. So they bought into property deals.

      Big financiers put together massive property deals for these people, to buy sites. So lets say you have property deal worth 50million. The financier gets a group of banks and insiders on board:
      - Bank A stumps up 20 million
      - Bank B stumps up 15 million
      - Bank C stumps up 10 million
      - A group of doctors, barristers, solicitors, accountants, well-to-dos etc provide 1 million from their pensions
      - The other 4 million is borrowed from Bank D, with the 1 million as a deposit. The professional group has leveraged their cash, to borrow and buy into the big property deal.

      Now, the group of professionals get a crappier deal here. They’re not the preferred equity partners, so if the deal failed, their 5m is the first to get cleaned out. But sure, property only ever goes up.

      In reality, however, the professional group is massively exposed to a 4m liability if the deal falls apart.

      Now, we all know what happened. The property deals failed. The investor money is wiped out. Their pensions are actually massively in the red. So what happened? Where are all the bankrupt investors? Surely they didn’t have cash lying around to clear the 4m liability.

      Oh wait! Phew! The loan was never called in. It’s parked in NAMA ;)

      So wake up dude. They know you have no money. They don’t want your kidneys. They want your outrage. Outrage at the prospect of losing your modest possessions, so that you’ll willingly sign up to a system of personal insolvency where you get to keep your stuff.

      Then, when the NAMA loans get called in, and a margin call is made on their investment, they’ll have already been discharged from it. Sure, that chunk of their pension is gone, but at least they still have their trophy homes and their stuff.

      Joe soap leaves 20K on the bank’s bad debts and keeps his modest car, but he pays for the 4m above through taxes and bank charges for the rest of his life, while the protected class start planning the next property boom.

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  • Queue the flood of change of ownership forms to dept of transport in Shannon. People will be putting cars in wife’s name or brothers or sisters etc. jewellery will be hidden etc etc. hey if Seany Quinn can do it and get away with it why can’t the ordinary man?

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  • This just beggars belief? And should the people who find themselves in this situation have any gold fillings removed, after all gold seems to be what’s desired here. Then what? Perhaps those who find themselves in this situation should be held in detention centres to ensure they can’t hide any money or items of value, a concentration camp if you will. Ok this is a bit in cheek but you get the point.
    This is insulting in the extreme from a government supposed to be protecting its citizens in financial difficulty, the same government propose to do absolute nothing to the banks we, the citizens of the country now own, who refuse to pass on interest rate cuts. These cuts would have a significant affect in helping those in financial difficulty, if a bank we own refuses to pass it on the Taoiseach should be calling someone in and giving him a few hours to do so or asking for his resignation but instead noting changes. The banks dictate to government and the people pay the ultimate price. Disgusting.

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  • Ronan well make it so that rules don’t get scaled up.insolvency below 20 k one set of rules that would b suiting the majority.cant make the majority suffer for the minority who are wealthy AGAIN

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    • Can’t agree Eilish. Someone would have a strong case in court about being discriminated against over the size of the debt.

      You’re distinguishing between people by saying there’s a rule for people who owe under 20K, and one for those who owe 100K. Cue the cries of ‘this is unconstitutional’ from those who can afford a good lawyer.

      By setting the limits on the assets themselves, you can properly cover everyone. We’ve never had successful challenges to imposing different rules for different assets by price. For example, for years we had progressive Stamp Duty rates depending on the value of the transaction.

      Setting the limit based on the money owed is too loose. It’s risky to attach rules to each category. There should be asset rules that cover all the insolvency types, with the rules only differing on the discharge of the debt afterwards. That removes motivation for a la cart selection of the best insolvency type to keep your assets, rather than the best type for resolve the debts for creditors.

      Thinking about it more, what we need is an all encompassing rule that says:
      “Where exemptions exist, personal and sentimental assets may not be kept by the insolvent over 25% of the surplus liability, or 20,000 euro, whichever the lower figure”
      - so 5k assets kept for Joe Soap insolvent to 20K
      - no higher than 20K for the guy who owes 2million.

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  • To be honest, i have a few cheap gold rings here (cost maybe 40 euro a few years back) i think i would make out that this would be my engagement ring etc….i would never give up any inherited jewellery or any with sentimenal vale…i just would tell them i had it :0)

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  • The thing that strikes me about this is by not allowing some exemptions for sentimental items, you off the bat encourage people to hide assets and commit fraud, further eroding the standing of the rule of law in this society.

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  • Does the MINISTER ( on his nice salary) want me to stop buying shoes for my kids also, or maybe i could put them in a workhouse for a few years. Seriously MINISTER i think your speach writer should have done a better job if your comments were not aimed at the ordinary folk in this country who are still doing their best to get up in the morning,go to work,pay their taxes and contribute to this messed up economy. Now you want us to do it without our most treasured possessions . you are indeed out of touch with what we have to contend with every day.

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  • Snuffbox 06/07/12 #

    Write down of 20 grand and sell engagement ring? Or hold onto the ring and try pay back the money? Some comments here are ridiculous I know if that’s what was on offer to me I’d take hand and all, sentiment will not pay any bills.

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  • Alan Shatter is a total Disgrace and what he is doing is wrong, what do you expect from a heartless, gutless man like him, he wants to gag the garda as well, and wants to close more Garda station, take peoples jewlellery, if the people dont give up their Memories of their pocessions they are threathed forcefully , or go to Jail. Wrong, totally wrong, What if it was him and his wife in trouble, and his wife had to give up all her pocessions and her Rings of Pocession to Hand over all to pay out their debts, i dont think he would like that done on him, uncostitutional this is! wrong and Illegal By Irish Law,

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  • Ronan all very nice self controlled and non emotive.but they are not makin a ruleing for the rich here ,we are talkin of people having to become insolvent fir20k or less thro.no fault of their own”this is not ur fault” .if they want to catch the rich they are in a different field. Go get em.

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    • My worry Eilish, is that the rules get scaled up. It would seem reasonable that the subjects of larger insolvencies would have the same rules of asset protection as the smaller. That’s why I’d rather see hard limits imposed rather than a situation where it’s simply taken or not taken.

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  • Dear Journal the Headline you used on this story at a time of massive personal financial distress is inaccurate and potentially inflammatory as the Minister made no such statement in the manner that you use as an implied or direct quote.

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  • OU812 06/07/12 #

    I believe comments like this are to keep the riff Taff away from the process.

    You know the riff raff, the ones who actually new this bill.

    The Government have betrayed their people. This is a step too far.

    Reply

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