The Insolvency (England and Wales) Rules 2016

Official receiver’s response to objection under section 251K

This section has no associated Explanatory Memorandum

9.16.—(1) After considering a creditor’s objection to a debt relief order in accordance with section 251K, the official receiver, if minded to revoke or amend the debt relief order, must deliver to the debtor—

(a)particulars of the objection;

(b)the grounds and facts upon which the creditor relies;

(c)an invitation to the debtor to deliver any comments on them to the official receiver within 21 days of delivery of the particulars; and

(d)the address to which the debtor’s comments must be delivered.

(2) Before deciding whether to revoke or amend the debt relief order, the official receiver must consider any comments made by the debtor provided they are received within the 21 day period.

(3) After coming to a decision on the objection the official receiver must deliver a notice of the decision to the creditor within 14 days.

(4) If the official receiver has decided to make an application under section 251M(2) then the official receiver must treat the creditor as a person interested in the application under rule 9.21(3)(b) (if the creditor would not otherwise be such).