Paragraph 9 Application to determine amount for aliment and obligations, etc.

An application by the permanent trustee under section 32(2) of the Act of 1985 (determination of suitable amount of aliment for the debtor, his relevant obligations, and to fix the amount of excess) shall be by note in the bankruptcy process and shall be in Form 9.

An application under paragraph (1) above shall be intimated by the applicant to the debtor.

Where the debtor intends to object to the application, he shall lodge answers with the sheriff clerk within 14 days after the date of intimation in accordance with paragraph (2) above.

Where answers are lodged, the sheriff may fix a hearing to take place not less than 14 days after intimation of the application or may, at any time, after the period of 14 days, determine the application by way of affidavits or otherwise as he thinks fit.

Where no answers are lodged, the sheriff may fix a hearing or determine the application in chambers without the attendance of the applicant.

Where the sheriff determines an application in chambers in accordance with paragraphs (4) or (5) above, the sheriff clerk shall intimate the decision of the sheriff to the applicant and the respondent.