Personal Insolvency Act 2012


Obtaining credit or engaging in business by a debtor while insolvency arrangement is in effect.

130.— (1) A specified debtor is guilty of an offence if he or she, either alone or with any other person, obtains credit in an amount of more than €650 without informing the person from whom the credit is obtained of—

(a) his or her name, as specified in the Debt Relief Notice, Debt Settlement Arrangement or Personal Insolvency Arrangement concerned, and

(b) the fact that he or she is a specified debtor.

(2) In this section, “specified debtor” means a person who is—

(a) a specified debtor under Chapter 1, for so long as the Debt Relief Notice remains in effect,

(b) party, as a debtor, to a Debt Settlement Arrangement under Chapter 3, for so long as the Debt Settlement Arrangement remains in effect, or

(c) party, as a debtor, to a Personal Insolvency Arrangement under Chapter 4, for so long as the Personal Insolvency Arrangement remains in effect.

(3) The reference in subsection (1) to a specified debtor obtaining credit includes the following cases—

(a) where goods are bailed to him or her under a hire-purchase agreement, or agreed to be sold to him or her under a conditional sale agreement, and

(b) where he or she is paid in advance (in money or otherwise) for the supply of goods or services.