Withdrawal of proposal to terminate a debt agreement
185PD Withdrawal of proposal to terminate a debt agreement
Scope
This section applies if:
a proposal to terminate a debt agreement is given under section 185P; and
the applicable deadline has not arrived; and
the proposal has not been accepted.
Withdrawal of proposal
If:
the Official Receiver becomes aware that the relevant subsection 185P(1B) statement was deficient because it omitted a material particular or because it was incorrect in a material particular; or
the Official Receiver becomes aware of a material change in circumstances that:
was not foreshadowed in the relevant subsection 185P(1B) statement; and
in the opinion of the Official Receiver, is capable of affecting an affected creditor’s decision whether or not to accept the proposal;
the Official Receiver may declare in writing that the proposal is withdrawn.
Notification of withdrawal
If the Official Receiver makes a declaration under subsection (2), the Official Receiver must give written notice of the declaration, and the reasons for it, to:
the debtor; and
affected creditors who are known to the Official Receiver.
Review
If the Official Receiver decides to make a declaration under subsection (2), the debtor or an affected creditor may apply to the Administrative Review Tribunal for review of the decision.
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