Personal Insolvency Act 2012


Secured creditors and Debt Settlement Arrangement.

68.— (1) Subject to this section and section 62, nothing in this Chapter affects the right of a secured creditor of the debtor to enforce or otherwise deal with his or her security.

(2) A secured creditor of the debtor may not participate in a Debt Settlement Arrangement with respect to a secured debt.

(3) Subsection (2) shall not operate to prevent the debtor or the personal insolvency practitioner from liaising or sharing information (including a copy of the debtor’s Prescribed Financial Statement and information relating to a proposed or existing Debt Settlement Arrangement) with a secured creditor in connection with a proposed or existing Debt Settlement Arrangement.

(4) For the avoidance of doubt, a secured creditor shall not be deemed to participate in or otherwise be bound by a Debt Settlement Arrangement as a result of entering into an agreement with the debtor to vary the terms of the secured debt following contact between the secured creditor and debtor, or as applicable, the personal insolvency practitioner as referred to in subsection (3) (including, without limitation, any variation of the terms of the secured debt that would reduce the amounts payable by the debtor in respect of the secured debt for the duration of the Debt Settlement Arrangement).