Personal Insolvency Act 2012

Effect of termination of Debt Relief Notice.

45.— (1) Where a Debt Relief Notice is terminated under this Chapter, the specified debtor shall, unless the appropriate court has ordered otherwise and subject to subsection (2), thereupon be liable in full for—

(a) all debts specified in the Debt Relief Notice at the time of its termination as specified qualifying debts, and

(b) all arrears, charges and interest that have accrued during the supervision period in relation to those debts.

(2) In calculating the liability of a specified debtor under subsection (1), the debtor shall be given credit in respect of payments made by him or her under subsection (2) or (3) of section 36 or under section 37 .

(3) Where subsection (1) applies—

(a) the period during which the Debt Relief Notice concerned was in effect shall be disregarded in reckoning any period of time for the purpose of any applicable limitation period (including any limitation period under the Statute of Limitations 1957) in relation to any proceedings or process in respect of a specified qualifying debt to which section 35 applied, and

(b) the period for which any judgment against the specified debtor in relation to a specified qualifying debt has effect (whether under statute or rule of court) shall, subject to the provisions of this Act, be extended by the period that the Debt Relief Notice was in effect.