Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 17 · Administration in Bankruptcy
343. Review by Court of decision of Official Assignee under section 342
Feedback & supportWhere a bankrupt or any creditor of the bankrupt is dissatisfied with the decision of the Official Assignee under section 342(1), the bankrupt or the creditor (as the case may be) may, within 21 days after the service of the notice mentioned in section 342(5), apply to the Court to review the decision.
bankrupt
“bankrupt” means —(a)an individual debtor who has been adjudged bankrupt by a bankruptcy order; or(b)where a bankruptcy order has been made against a firm, each of the partners in the firm;
The Court may, in any particular case, extend the period for the making of an application under subsection (1) if the Court is satisfied that it is just to do so.
An application under subsection (1) must be served, within 3 days after the date of filing, on the Official Assignee, who must forthwith —
Official Assignee
“Official Assignee” means the Official Assignee appointed under section 16(1) and includes a Deputy Official Assignee, a Senior Assistant Official Assignee and an Assistant Official Assignee;
serve a copy of the application on the bankrupt, unless the application was made by the bankrupt; and
give notice of the application to every creditor who was, under section 342(5)(b) or (c), entitled to service of the notice mentioned in section 342(5) (except, where the application was made by a creditor, that creditor).
On hearing an application under subsection (1), the Court may —
confirm, vary or cancel the certificate under section 342(1) in respect of which the application is brought; or
give such directions to the Official Assignee, or make such order, as the Court may think fit.
Unless the Court orders otherwise, a variation made under subsection (4)(a) of the certificate under section 342(1) takes effect from the date of issue of the certificate.
A variation of the certificate does not affect any payment made by the bankrupt, prior to the date of the variation, in respect of any reduced monthly contribution pursuant to the certificate.
monthly contribution
“monthly contribution” means —(a)the amount, determined in accordance with section 339, that a bankrupt is required, under section 371, to pay to the Official Assignee on a monthly basis out of the bankrupt’s income; or(b)if the amount mentioned in paragraph (a) is varied by the Court under section 340(5)(a), 341(1) or 343(4)(a) or reduced by the Official Assignee under section 342(1) or 344(3), that amount as varied or reduced, as the case may be;
The Official Assignee must, within 14 days after a variation under subsection (4)(a) of the certificate under section 342(1), serve a notice of the variation order on every person who was, under section 342(5) or (6), entitled to service of the notice of the issue of the certificate.