Personal Insolvency Act 2012

87.

Grounds of challenge by creditor to coming into effect of Debt Settlement Arrangement.

87.— The grounds on which a Debt Settlement Arrangement may be challenged by a creditor under section 77 are, without prejudice to section 83 , limited to the following matters:

( a) that the debtor has by his or her conduct within the 2 years prior to the issue of the protective certificate under section 61 arranged his or her financial affairs primarily with a view to being or becoming eligible to apply for a Debt Settlement Arrangement or a Personal Insolvency Arrangement;

( b) the procedural requirements specified in this Act were not complied with;

( c) a material inaccuracy or omission exists in the debtor’s statement of affairs (based on the Prescribed Financial Statement) which causes a material detriment to the creditor;

( d) the debtor, when the Debt Settlement Arrangement was proposed, did not satisfy the eligibility criteria specified in section 57 ;

( e) the Debt Settlement Arrangement unfairly prejudices the interests of a creditor;

( f) the debtor has committed an offence under this Act, which causes a material detriment to the creditor;

( g) the debtor had entered into a transaction with a person at an undervalue within the preceding 3 years that has materially contributed to the debtor’s inability to pay his or her debts (other than any debts due to the person with whom the debtor entered the transaction at an undervalue);

( h) the debtor had given a preference to a person within the preceding 3 years that had the effect of substantially reducing the amount available to the debtor for the payment of his or her debts (other than a debt due to the person who received the preference).