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Annual Report 2007

The Code of Insolvency Ethics

The IPC generally welcomed the proposal made by the Department of Constitutional Affairs (now the Ministry of Justice) to introduce Debt Relief orders (DROs) contained in the Tribunals, Courts and Enforcement Bill. However, we expressed concern to the DCA that in the absence of adequate verification of debtors’ circumstances, the DRO procedure may be vulnerable to fraudulent claims. We suggested that the Official Receivers might have a role in the process by undertaking periodic checks on a small statistically valid sample of cases.

The IPC was not persuaded of the need for Enforcement Restriction Orders (EROs), Administration Orders or for Regulated Debt Management Plans as proposed in the consultation document and outlined in the Bill as they all appeared to overlap to a significant extent with other existing or proposed statutory or informal arrangements for dealing with consumer indebtedness problems.
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