SCHEDULES
F1SCHEDULE 4ZAConditions for making a debt relief order
Part 2Other conditions
9
1
The debtor has not entered into a transaction with any person at an undervalue during the period between—
a
the start of the period of two years ending with the application date; and
b
the determination date.
2
For this purpose a debtor enters into a transaction with a person at an undervalue if—
a
he makes a gift to that person or he otherwise enters into a transaction with that person on terms that provide for him to receive no consideration;
b
he enters into a transaction with that person in consideration of marriage or the formation of a civil partnership; or
c
he enters into a transaction with that person for a consideration the value of which, in money or money's worth, is significantly less than the value, in money or money's worth, of the consideration provided by the individual.
10
1
The debtor has not given a preference to any person during the period between—
a
the start of the period of two years ending with the application date; and
b
the determination date.
2
For this purpose a debtor gives a preference to a person if—
a
that person is one of the debtor's creditors to whom a qualifying debt is owed or is a surety or guarantor for any such debt, and
b
the debtor does anything or suffers anything to be done which (in either case) has the effect of putting that person into a position which, in the event that a debt relief order is made in relation to the debtor, will be better than the position he would have been in if that thing had not been done.
Sch. 4ZA inserted (24.2.2009 for certain purposes otherwise 6.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 108(2), 148(5), Sch. 18; S.I. 2009/382, art. 2