George was on
Today with Pat Kenny on Monday
It's 16 minutes long
The following are extracts - not a complete transcript.
3.20 Pat: You say that it's only a matter of time before someone takes a case against a bank for the suicide of a loved one.
George: I have come through a debt resolution process
5.07 George: Youve got bankruptcy. Youv'e got personal insolvency. There is a third choice - one to one resolution. Back in the Driving Seat is about evoking your own Chapter 11. Don't go bankrupty. Don't go personal insolvency. Evoke your own Chapter 11.
In Americal it's one year. In Ireland , because of Begrudgery it's 3 years for bankruptcy, or it would be 6 years in my case, because it would be a PIA.
Pat: So have you avoided that?
George: Yes I have.
6.33 Pat: There is a code of conduct which was issued by the Central Bank in 2009 very interesting
George: and revised in 2011.
People in SMEs are entitled to a whole load of rights. For example, you can decide how many times a month a bank can contact you
You can sit with your bank official and you can determine quite a lot with that official as long as you are open and transparent and they must reciprocate that.
A lot of people who are struggling who are under pressure with banks, not having researched the code who don't understand that they can protect themselves and that they don't know that they can control the situation
Pat: So what other protections besides
George: The bank can't touch you until you are in arrears over 90 days. You are not officially in arrears until 90 days. And once you make a formal commitment to make any element of a payment and you can justify it's back to the Chapter 11 issue
Pat: if you can justify that it's sustainable
George - absolutely and they have got to give you the time and the space to process that.
Pat : So why are SMEs using this
George: Because people haven't educated themselves. The press haven't picked up on it the way that they should
The question you must ask yourself as a business man or even as a homeowner is "What is it you are prepared to do in order to survive?"
e ?
So I evoked my decision to invoke my Chapter 11
Pat: So talk to me about your ethical dilemma. Where ethically have you strayed where you would not have strayed before?
(9 minutes) George: Park one company on a Friday evening and open a new one on a Monday morning
Pat: Which you would not have done before
George: I needed to improve the quality of my life
I had to force the issue with the bank through bankruptcy, through foreclosure or through an agreed process
If I had a debt laden company, which I did, that had to be dumped
Pat: But you had the protection of limited liability?
George: Yes I did
Pat: What do you say to people who would say : Look you have written off your debt, so you have managed to escape your debt. in the case of a limited company by limited liability and by a personal resolution process, you have managed to write off some debt.
But the state owned banks - that is the taxpayer paying for your debt.
11.00 George: I will continue to pay for my debts for many many years, and so be it, that's the way it should be
If we do not evoke a Ch 11 type process
Pat: you had this company which you decided to shut down. It owed the Revenue a lot of money. It owed creditors a lot of money . You start a new company doing exactly what the old company did.
George: I should say that the secured creditors were the only people who were affected. That is very important. Because there were suppliers of mine that were families and they had to be looked after.
It was't the same as the old compay. We have reinvented the wheel.
Pat: so you have a new business plan... Some of the checklist: Decide which staff you want to rehire. Decide what salaries you would like to pay them. Decide which clients you are keeping. Advise your landlord that you are terminating the lease. Tell your staff you can't pay redundancy - tell them how to claim their statutory.
(At14.0) Call a Creditors Meeting for a Friday evening for somewhere which will take an effort to get to - That is dirty tricks. You have justified why you have done that, because it gets you back to work.
George: I must stress that for many years, a decade at the very minimum , I will continue to fund my mistakes from the past.