Personal Insolvency Act 2012

44.

Application by Insolvency Service to have Debt Relief Notice terminated.

44.— (1) The Insolvency Service may, during the supervision period concerned, apply to the appropriate court to have a Debt Relief Notice terminated.

(2) An application under subsection (1) shall be—

( a) made by the lodging by the Insolvency Service of a notice with the appropriate court, on notice to the specified debtor and each specified creditor, and

( b) based on a ground referred to in subsection (3).

(3) The grounds 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) 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 ,

( c) the specified debtor failed to comply with an obligation under section 36 ,

( d) an adjudication in bankruptcy has been made in relation to the specified debtor that has not been annulled or discharged,

( e) the specified debtor has, since the coming into effect of the Debt Relief Notice, committed an offence under this Act,

F36 [ ( f ) the procedural requirements specified in this Chapter were not complied with;

( g ) 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) 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 for the enforcement of an obligation of the specified debtor under section 36 ,

( d) make an order amending the Debt Relief Notice, or

( e) make such other order as it deems appropriate.

Annotations:

Amendments:

F36

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