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Part 5Debt management and relief

Chapter 4Debt management schemes

Effect of plans etc.

115Presentation of bankruptcy petition

(1)This section applies during the currency of a debt repayment plan arranged in accordance with an approved scheme.

(2)No qualifying creditor of the debtor is to present a bankruptcy petition against the debtor in respect of a qualifying debt, unless—

(a)regulations provide otherwise, or

(b)the creditor has the permission of a county court.

(3)A county court may give permission for the purposes of subsection (2)(b) subject to such conditions as it thinks fit.

(4)The reference to the currency of a debt repayment plan is a reference to the period which—

(a)begins when the plan first has effect, and

(b)ends when the plan ceases to have effect.