Part 5Debt management and relief

Chapter 4Debt management schemes

Appeals

122Right of appeal

1

This section applies if a debt repayment plan is arranged for a debtor in accordance with an approved scheme.

2

An affected creditor may appeal to F1the county court against any of the following—

a

the fact that the plan has been arranged;

b

the fact that a debt owed to the affected creditor has been specified in the plan;

c

the terms of the plan (including any provision included in the plan in accordance with section 110(3)).

3

Subsection (2)(c) does not allow an affected creditor to appeal against the fact that a debt owed to any other creditor has been specified in the plan.

4

In this section “affected creditor” means the creditor under any debt which is specified in the plan.

123Dealing with appeals

1

This section applies if an appeal is made to F2the county court under section 122.

2

The county court may determine the appeal in any way that it thinks fit.

3

The county court may make such orders as may be necessary to give effect to the determination of the appeal.

4

The county court may, in particular, order the scheme operator to do any of the following—

a

to reconsider the decision to arrange the plan;

b

to reconsider any decision about the terms of the plan;

c

to modify the debt repayment plan;

d

to revoke the debt repayment plan.

5

The county court may make such interim provision as it thinks fit in relation to the period before the appeal is determined.

F36

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