PART 5
ADMINISTRATION OF DEBT REPAYMENT SCHEME
Filing of proofs of debt after effective date
25.—(1)  A creditor who is not bound by a debt repayment plan that has come into effect may file a proof of debt to the Official Assignee in respect of any debt that the creditor alleges is owed to the creditor by the debtor.
(2)  For the purposes of section 294(2) of the Act, a creditor filing a proof of debt mentioned in paragraph (1) must file the proof of debt with the Official Assignee —
(a)in Form DRS-1;
(b)in accordance with the Filing of Documents Regulations; and
(c)together with the appropriate fee.
(3)  If the proof of debt is filed by a creditor in accordance with regulation 12(1) of the Filing of Documents Regulations, a copy of each document substantiating the claim specified in the proof of debt —
(a)must be filed together with the proof of debt; or
(b)where the Official Assignee is of the opinion that the creditor will incur unreasonable expense or suffer unreasonable inconvenience in complying with sub‑paragraph (a) — must be sent to the Official Assignee within 14 days after the date of filing of the proof of debt, in such manner as the Official Assignee may specify in any practice directions issued by the Official Assignee.
(4)  If the proof of debt is filed by a creditor in accordance with regulation 12(2) of the Filing of Documents Regulations, a copy of each document substantiating the claim specified in the proof of debt must be filed together with the proof of debt.
(5)  A creditor must bear the cost of proving the creditor’s debt.
(6)  The Official Assignee must, within 21 days after receiving the proof of debt filed under paragraph (2), determine if the debt claimed is a debt provable under the debt repayment scheme in accordance with section 294(1) of the Act.
(7)  Before the Official Assignee admits or rejects in whole or in part a proof of debt filed under paragraph (2), the Official Assignee must examine the proof and the grounds of the debt, and may require further evidence in support of the proof of debt from the creditor who filed the proof of debt.
(8)  If the Official Assignee determines that the debt or any part of the debt filed under paragraph (2) is provable under the debt repayment scheme against the debtor in question, the Official Assignee must admit the debt in whole or in part, as the case may be.
(9)  If the Official Assignee determines that the debt or any part of the debt claimed under the proof of debt filed under paragraph (2) is not provable under the debt repayment scheme against the debtor in question, the Official Assignee must reject the debt in whole or in part, as the case may be.
(10)  Where the Official Assignee admits or rejects in whole or in part a proof of debt filed under paragraph (2), the Official Assignee must inform the debtor in question and the creditor who filed the proof of debt of the Official Assignee’s decision in writing within 7 days after the date of the decision.
Modification of debt repayment plan
26.—(1)  A debtor or creditor who makes a request to the Official Assignee under section 295(1) of the Act for the modification of a debt repayment plan in respect of the debtor must pay the appropriate fee.
(2)  Before the Official Assignee modifies a debt repayment plan under section 295(1) of the Act in respect of a debtor, the Official Assignee must consider —
(a)whether there has been a change in the monthly income or expenditure of the debtor; and
(b)whether the debtor is employed.
(3)  Where a debtor requests that a modification be made by the Official Assignee to the debt repayment plan in respect of the debtor by reason of a material change in the debtor’s circumstances, the Official Assignee may require the debtor to provide proof of such change.
(4)  The Official Assignee may modify a debt repayment plan by doing all or any of the following:
(a)increasing or reducing the total debt to be repaid by the debtor under the debt repayment plan;
(b)increasing or reducing the amounts to be paid periodically by the debtor under the debt repayment plan;
(c)including a proved and admitted debt of a creditor not previously bound by the debt repayment plan;
(d)extending the repayment period of the debt repayment plan subject to section 295(6) of the Act;
(e)reducing the period of the debt repayment plan.
Modification by way of extension of repayment period
27.—(1)  Where the Official Assignee decides to modify under section 295 of the Act the repayment period of a debt repayment plan in respect of a debtor, the Official Assignee must inform the debtor and the creditors concerned of the decision in writing within 7 days after the date of the decision.
(2)  For the purposes of section 295(6) of the Act, the following further restrictions apply to any modification of a debt repayment scheme that is an extension of the repayment period of the debt repayment plan under that scheme:
(a)each period of extension must not exceed 2 years;
(b)if more than one extension of the repayment period of the debt repayment plan is made, the aggregate of all periods of extension must not exceed 2 years;
(c)where the plan includes a debt mentioned in section 294(1)(b) or (c) of the Act, a further period of extension in addition to that specified in sub-paragraph (a) or (b) is permissible except that —
(i)each further period of extension in respect of any such debt must not exceed 2 years; and
(ii)if more than one extension of the repayment period in respect of any such debt is made, the aggregate of all periods of extension must not exceed 2 years.
(3)  The application of paragraph (2) to the repayment period of any debt repayment plan must not result in the repayment period exceeding the period specified in section 295(6)(a) or (b) of the Act, whichever is applicable to that plan.