Personal Insolvency Act 2012
Creditor objection during supervision period. |
43.— (1) A specified creditor may, during the supervision period concerned, make an application to the appropriate court if he or she objects to the inclusion, as a specified qualifying debt, of a debt in respect of which he or she is a specified creditor. | |
(2) An application under subsection (1) shall be— | ||
(a) made by the lodging by the specified creditor of a notice of objection with the appropriate court, on notice to the Insolvency Service and the specified debtor, and | ||
(b) based on a ground referred to in subsection (3). | ||
(3) The grounds of objection on which an application under subsection (1) may be made are the following: | ||
(a) the specified debtor did not satisfy the eligibility criteria specified in section 26 (2) when the application under section 29 was made on his or her behalf, | ||
(b) one or more of the following applies, which causes or has caused a material detriment to the specified creditor— | ||
(i) there is a material inaccuracy or omission in the Prescribed Financial Statement concerned, or other information provided, or documents submitted, by the specified debtor, or on his or her behalf, under section 29 ; | ||
(ii) the specified debtor failed to comply with an obligation under section 36 ; | ||
(iii) an adjudication in bankruptcy has been made in relation to the specified debtor that has not been annulled or discharged; | ||
(iv) the specified debtor has since the coming into effect of the Debt Relief Notice, committed an offence under this Act; | ||
(v) the procedural requirements specified in this Chapter were not complied with. | ||
(4) A hearing under subsection (1) shall be heard with all due expedition. | ||
(5) On an application under this section the court may dismiss the application or do one or more of the following— | ||
(a) terminate the Debt Relief Notice, | ||
(b) extend the supervision period concerned, by an additional period not exceeding 12 months, | ||
(c) make an order amending the Debt Relief Notice, including by removing the debt which was the subject of the objection under subsection (1), or | ||
(d) make such other order as it deems appropriate. |