The Insolvency (England and Wales) Rules 2016

Creditor’s objection to a debt relief order (section 251K)

9.15.—(1) The prescribed period under section 251K(2)(a) for a creditor to object to a debt relief order during the moratorium period is within 30 days of the date on which a notice of the making of the order was delivered to the creditor.

(2) The objection must be made in writing to the official receiver and must contain—

(a) the name and address of the creditor;

(b) the name of the debtor and the reference number of the order;

(c) the matters under section 251K to which the creditor objects;

(d) a statement of which of the prescribed grounds for objection the creditor relies upon;

(e) a statement of the facts on which the creditor relies; and

(f) information and documents in support of the grounds and the facts on which the creditor relies.

(3) The prescribed grounds for objection are that—

(a) there is an error in, or an omission from, something specified in the debt relief order;

(b) a bankruptcy order has been made in relation to the debtor;

(c) the debtor has made a proposal under Part 8 of the Act(1);

(d) the official receiver should not have been satisfied that—

(i) the debts specified in the order were qualifying debts of the debtor as at the application date,

(ii) the conditions specified in Part 1 of Schedule 4ZA(2) were met, or

(iii) the conditions specified in Part 2 of that Schedule were met; or

(e) the official receiver should have been satisfied that the official receiver was permitted to make an order in spite of any failure to meet the conditions referred to in sub-paragraphs (d)(ii) and (iii).

(1)

Part 8 is amended by paragraph 2 of Schedule 6 to the Deregulation Act 2015 (c.20), paragraphs 2 to 4 of Schedule 19 to the Enterprise and Regulatory reform Act 2013 (c.24) and sections 134 and 135 and paragraphs 61 to 72 of Schedule 9 to the Small Business, Enterprise and Employment Act 2015 (c.26).

(2)

Paragraph 3 of Schedule 4ZA is substituted by paragraph 62 of Schedule 19 to the Enterprise and Regulatory Reform Act 2013.