F1PART 7ADEBT RELIEF ORDERS

Annotations:
Amendments (Textual)

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.