185EAccepting a debt agreement proposal for processing

185E  Accepting a debt agreement proposal for processing

 (2) If a debtor gives the Official Receiver a debt agreement proposal, the Official Receiver may accept the proposal for processing if:

 (a) the Official Receiver is satisfied that subsections 185C(2), (2AA), (2AC), (2A), (2B), (2D), (2DA), (2E) and (4) have been complied with; and

 (c) if the debt agreement proposal is expressed to be subject to the occurrence of a specified event within a specified period after the debt agreement proposal is accepted—the Official Receiver is satisfied that subsection 185C(2F) has been complied with; and

 (d) if the proposal provides for the remuneration of the person specified under paragraph 185C(2)(c)—the Official Receiver is satisfied that subsection 185C(3A) has been complied with; and

 (e) the Official Receiver is satisfied that the statement of affairs accompanying the proposal is in order.

 (2AA) The Official Receiver must not accept a debt agreement proposal for processing unless the proposal was given to the Official Receiver within 14 days after the day on which the debtor signed the proposal.

 (2AB) The Official Receiver may refuse to accept a debt agreement proposal for processing if the Official Receiver reasonably believes that complying with the agreement would cause undue hardship to the debtor.

 (3) The Official Receiver must not accept a debt agreement proposal for processing if the Official Receiver thinks that the creditors’ interests would be better served by not accepting the proposal for processing.

 (4) A debtor who gives the Official Receiver a debt agreement proposal may apply to the Administrative Review Tribunal for review of the Official Receiver’s decision on whether to accept the proposal for processing.

 (5) If the Official Receiver accepts a debt agreement proposal for processing, the Official Receiver must process the proposal in accordance with section 185EA.

185EA  Processing of debt agreement proposal

 (1) If the Official Receiver is required by subsection 185E(5) to process a debt agreement proposal, the Official Receiver must write to each of the affected creditors who is known to the Official Receiver, asking each affected creditor to indicate whether the proposal should be accepted.

 (2) When writing to each affected creditor under subsection (1) about a debt agreement proposal, the Official Receiver must:

 (i) the debt agreement proposal; and

 (ii) the debtor’s subsection 185C(2B) statement; and

 (iii) the certificate under subsection 185C(2D), and any certificate under paragraph 185C(4C)(b), that accompanied the debt agreement proposal; and

 (b) ask the creditor to give a written statement setting out whether or not the debt agreement proposal should be accepted; and