People with relatively low liabilities, little surplus income and few assets and who are unable to pay off their debts in a reasonable time.
What are the requirements for a debt relief order?
The requirements will be detailed in secondary legislation which is not yet in force, but it is anticipated that the following will apply:
The debtor is unable to pay his/her debts;
The debtor’s total unsecured liabilities must not exceed £15,000;
The debtor’s total gross assets must not exceed £300;
The debtor’s disposable income, following deduction of normal household expenses, must not exceed £50 per month.
The debtor must be domiciled in England or Wales, or in the last 3 years have been resident or carrying on business in England or Wales.
The debtor must not have previously been subject to a DRO within the last 6 years.
The debtor has not entered into a transaction with any person at an undervalue during the last two years.
The debtor has not given a preference to any person in the last two years.
The debtor must not be involved in another formal insolvency procedure at the time of application for a DRO, such as:
An undischarged bankrupt;
A current Individual Voluntary Arrangement;
A current Bankruptcy Restrictions Order or Undertaking;
A current Debt Relief Restrictions Order or Undertaking;
An interim order
A current pending debtor’s bankruptcy petition in relation to the debtor but the debtor has not been referred to the DRO procedure by the court as a more suitable method of debt relief;
A current pending creditor’s bankruptcy petition against the debtor but the debtor has not obtained the creditor’s permission for entry into the DRO process.
Showing posts with label Debt relief. Show all posts
Showing posts with label Debt relief. Show all posts
Friday, 14 May 2010
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