PART 9DEBT RELIEF ORDERS
CHAPTER 5Objection and revocation
Creditor's objection to a debt relief order (section 251K)9
1
The prescribed period under section 251K(2)(a) for a creditor to object to a debt relief order during the moratorium period is within 30 days of the date on which a notice of the making of the order was delivered to the creditor.
2
The objection must be made in writing to the official receiver and must contain—
a
the name and address of the creditor;
b
the name of the debtor and the reference number of the order;
c
the matters under section 251K to which the creditor objects;
d
a statement of which of the prescribed grounds for objection the creditor relies upon;
e
a statement of the facts on which the creditor relies; and
f
information and documents in support of the grounds and the facts on which the creditor relies.
3
The prescribed grounds for objection are that—
a
there is an error in, or an omission from, something specified in the debt relief order;
b
a bankruptcy order has been made in relation to the debtor;
c
the debtor has made a proposal under Part 8 of the Act M1;
d
the official receiver should not have been satisfied that—
i
the debts specified in the order were qualifying debts of the debtor as at the application date,
ii
the conditions specified in Part 1 of Schedule 4ZA M2 were met, or
iii
the conditions specified in Part 2 of that Schedule were met; or
e
the official receiver should have been satisfied that the official receiver was permitted to make an order in spite of any failure to meet the conditions referred to in sub-paragraphs (d)(ii) and (iii).