F1PART 7ADEBT RELIEF ORDERS
Applications for a debt relief order
Duty of official receiver to consider and determine application208C
1
This Article applies where an application for a debt relief order is made.
2
The official receiver may stay consideration of the application until he has received answers to any queries raised with the debtor in relation to anything connected with the application.
3
The official receiver must determine the application by—
a
deciding whether to refuse the application;
b
if he does not refuse it, by making a debt relief order in relation to the specified debts he is satisfied were qualifying debts of the debtor at the application date;
but he may only refuse the application if he is authorised or required to do so by any of the following provisions of this Article.
4
The official receiver may refuse the application if he considers that—
a
the application does not meet all the requirements imposed by or under Article 208B;
b
any queries raised with the debtor have not been answered to the satisfaction of the official receiver within such time as he may specify when they are raised;
c
the debtor has made any false representation or omission in making the application or on supplying any information or documents in support of it.
5
The official receiver must refuse the application if he is not satisfied that—
a
the debtor is an individual who is unable to pay his debts;
b
at least one of the specified debts was a qualifying debt of the debtor at the application date;
c
each of the conditions set out in Part 1 of Schedule 2ZA is met.
6
The official receiver may refuse the application if he is not satisfied that each condition specified in Part 2 of Schedule 2ZA is met.
7
If the official receiver refuses an application he must give reasons for his refusal to the debtor in the prescribed manner.
8
In this Article “specified debt” means a debt specified in the application.
Pt. 7A (arts. 208A-208X) inserted (30.6.2011) by Debt Relief Act (Northern Ireland) 2010 (c. 16), ss. 1(b), 7(1); S.R. 2011/13, art. 2