Personal Insolvency Act 2012
Application by Insolvency Service to have Debt Relief Notice terminated. |
44.— (1) The Insolvency Service may, during the supervision period concerned, apply to the appropriate court to have a Debt Relief Notice terminated. | |
(2) An application under subsection (1) shall be— | ||
(a) made by the lodging by the Insolvency Service of a notice with the appropriate court, on notice to the specified debtor and each specified creditor, and | ||
(b) based on a ground referred to in subsection (3). | ||
(3) The grounds on which an application under subsection (1) may be made are the following— | ||
(a) the specified debtor did not satisfy the eligibility criteria specified in section 26 (2) when the application under section 29 was made on his or her behalf, | ||
(b) there is a material inaccuracy or omission in the Prescribed Financial Statement concerned, or other information provided, or documents submitted, by the specified debtor, or on his or her behalf, under section 29 , | ||
(c) the specified debtor failed to comply with an obligation under section 36 , | ||
(d) an adjudication in bankruptcy has been made in relation to the specified debtor that has not been annulled or discharged, | ||
(e) the specified debtor has, since the coming into effect of the Debt Relief Notice, committed an offence under this Act, | ||
(f) the procedural requirements specified in this Chapter were not complied with. | ||
(4) On an application under this section the court may dismiss the application or do one or more of the following— | ||
(a) terminate the Debt Relief Notice, | ||
(b) extend the supervision period concerned, by an additional period not exceeding 12 months, | ||
(c) make an order for the enforcement of an obligation of the specified debtor under section 36 , | ||
(d) make an order amending the Debt Relief Notice, or | ||
(e) make such other order as it deems appropriate. |