Section 115 Presentation of bankruptcy petition

Not yet in force

(1)

This section applies during the currency of a debt repayment plan arranged in accordance with an approved scheme.

(2)

No qualifying creditor of the debtor is to present a bankruptcy petition against the debtor in respect of a qualifying debt, unless—

(a)

regulations provide otherwise, or

(b)

the creditor has the permission of F1the county court.

(3)

The county court may give permission for the purposes of subsection (2)(b) subject to such conditions as it thinks fit.

(4)

The reference to the currency of a debt repayment plan is a reference to the period which—

(a)

begins when the plan first has effect, and

(b)

ends when the plan ceases to have effect.

Annotations

F1: Words in ss. 115-118 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)