FAILURE AND INAPPLICABILITY OF DEBT REPAYMENT SCHEME
Certificate of failure
30.—(1) The Official Assignee must, within 21 days after the date of the Official Assignee’s decision to issue a certificate of failure of a debt repayment scheme in respect of a debtor —
(a)
notify in writing the debtor and the creditors concerned of the decision; and
(b)
issue the certificate of failure to the debtor.
(2) The Official Assignee must state in the certificate of failure the following:
(a)
the name of the debtor;
(b)
the date on which the debt repayment scheme came into effect;
(c)
the date on which the debt repayment scheme failed and ceased to have effect;
(d)
the reason or reasons for the failure of the debt repayment scheme;
(e)
the date after which the certificate may not be used for the purposes of section 312 of the Act.
(3) Any creditor concerned may apply to the Official Assignee for a copy of the certificate of failure and the Official Assignee may, upon payment of the appropriate fee by the creditor, provide a copy of the certificate of failure to the creditor.
Certificate of inapplicability
31.—(1) The Official Assignee must, within 21 days after the date of the Official Assignee’s decision to issue a certificate of inapplicability of a debt repayment scheme in respect of a debtor —
(a)
notify in writing the debtor and the creditors who have proved their debts under the debt repayment scheme of the decision; and
(b)
issue the certificate of inapplicability to the debtor.
(2) The Official Assignee must state in the certificate of inapplicability the following:
(a)
the name of the debtor;
(b)
the reason or reasons for which the debt repayment scheme is not applicable to the debtor.
(3) Any of the debtor’s creditors who have proved their debts may apply to the Official Assignee for a copy of the certificate of inapplicability and the Official Assignee may, upon payment of the appropriate fee by the creditor, provide a copy of the certificate of inapplicability to the creditor.
