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Insolvency Act 1986

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Changes over time for: Section 251K

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Point in time view as at 01/10/2021.

Changes to legislation:

Insolvency Act 1986, Section 251K is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1251KObjections and investigationsE+W

(1)Any person specified in a debt relief order as a creditor to whom a specified qualifying debt is owed may object to—

(a)the making of the order;

(b)the inclusion of the debt in the list of the debtor's qualifying debts; or

(c)the details of the debt specified in the order.

(2)An objection under subsection (1) must be—

(a)made during the moratorium period relating to the order and within the prescribed period for objections;

(b)made to the official receiver in the prescribed manner;

(c)based on a prescribed ground;

(d)supported by any information and documents as may be prescribed;

and the prescribed period mentioned in paragraph (a) must not be less than 28 days after the creditor in question has been notified of the making of the order.

(3)The official receiver must consider every objection made to him under this section.

(4)The official receiver may—

(a)as part of his consideration of an objection, or

(b)on his own initiative,

carry out an investigation of any matter that appears to the official receiver to be relevant to the making of any decision mentioned in subsection (5) in relation to a debt relief order or the debtor.

(5)The decisions to which an investigation may be directed are—

(a)whether the order should be revoked or amended under section 251L;

(b)whether an application should be made to the court under section 251M; or

(c)whether any other steps should be taken in relation to the debtor.

(6)The power to carry out an investigation under this section is exercisable after (as well as during) the moratorium relating to the order.

(7)The official receiver may require any person to give him such information and assistance as he may reasonably require in connection with an investigation under this section.

(8)Subject to anything prescribed in the rules as to the procedure to be followed in carrying out an investigation under this section, an investigation may be carried out by the official receiver in such manner as he thinks fit.]

Textual Amendments

F1Pt. 7A inserted (24.2.2009 for certain purposes otherwise 6.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 108(1), 148(5), Sch. 17; S.I. 2009/382, art. 2

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