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This is a very interesting thread.
We as a nation seem overly sympathetic towards debtors.
In the US, the "victims" of PIs would be branded "deadbeats" and receive zero sympathy.
I am fully aware of what a Chapter 13 bankruptcy entails - it is broadly comparable to a personal insolvency arrangement here
Very broadly comparable, a bit like comparing edam and stilton cheese ( both are cheeses, but one certainly leaves you with a sharp taste in your mouth ). At least the bankruptcy term has been reduced to 1 year, that is a move in the right direction. However, we have a long way to go, to be akin to the American model and how it deals with it's debtors. In America, most large companies take out insurance against bad debts, why not here.
Yes, broadly comparable in that a PIA, like a Chapter 13 bankruptcy, provides a mechanism for the reduction of debt outside of bankruptcy (or a Chapter 7 bankruptcy in the US).
A PIA provides for the agreed settlement and/or restructuring of debts in the case of people who have secured debts up to a total of €3 million (as well as any unsecured debts) and have no prospect of being able to pay off their debts in the next 5 years.
Compared to the US, Ireland has an extremely lenient attitude to home loan defaulters. Have you ever studied the foreclosure statistics in non-recourse States such as California and Nevada? They really don't hang around.
And what gives you the impression that Irish companies don't carry credit insurance?
Can you provide me with any stats on how many Irish companies carry adequate credit insurance with respect to their credit risk exposure.
Table 19 of the Central Bank's Insurance Statistical Review (known as the "Blue Book") will show you how much credit insurance was written in Ireland in any given year.
Anyway, what does that have to do with the respective legal mechanisms available to resolve debts in Ireland and the US?
No, you raised the issue of credit insurance although I have no idea what it has to do with any debt resolution mechanism.
I made no attempt to suggest that our debt resolution mechanisms are appropriate or sufficient and I have been fully supportive of the campaign to reduce the bankruptcy period.
I was simply correcting your misrepresentations of the legal position in the US and I note that you have not had the good grace to acknowledge your errors.
To suggest that the US takes a more lenient approach to debt defaulters is, frankly, risible.
I suppose that's the reason why David Drumm, CEO of Anglo Irish Bank, went to the States. Frankly, your talking out of an orifice that is not your mouth. Go and take some proper legal advice. Your postulations are WRONG and serve to misinform !
David Drumm!!
Are you seriously holding David Drumm up as an example of US leniency towards debt defaulters? You do know he failed in his attempt to file for bankruptcy in the US having been described by the Judge as being "not remotely credible" and is currently incarcerated pending extradiction to Ireland?
I see that it didn't take long for you to revert to your usual abusive ways...
Without boring other viewers of this thread, there are a myriad of other reasons why bankruptcy in the US is still more amenable to debtors than bankruptcy in Ireland. It is not risible as you assert in a previous post, you need to take proper legal advice in this regard, as your posts only serve to misinform readers, which is something I hope is not your intention. You are still wrong and there is no point in continuing this discussion with you as it will turn into an argument with no winners.
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