Personal Insolvency Act 2012

43.

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;

F34 [ (v) the procedural requirements specified in this Chapter were not complied with;

(vi) the specified debtor, by his or her conduct within the period of 6 months ending on the application date, arranged his or her financial affairs primarily with a view to being or becoming eligible for the issue of a Debt Relief Notice. ]

(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.

F35 [ (6) Where the appropriate court makes a decision under subsection (5) or section 44(4)

(a) the Registrar of the appropriate court shall notify the Insolvency Service of the decision, and

(b) the Insolvency Service, on receipt of the notification under paragraph (a) , shall notify the specified creditors concerned of the decision. ]

Annotations:

Amendments:

F34

Substituted (24.12.2013) by Companies (Miscellaneous Provisions) Act 2013 (46/2013), s. 9(d), commenced on enactment as per s. 11(4).

F35

Inserted (31.07.2013) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 57, S.I. No. 286 of 2013.