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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

91Debtor contribution order: payment period and intervals

(1)A debtor contribution order must contain provision requiring the debtor to pay the debtor’s contribution (if not zero)—

(a)during the payment period, and

(b)at regular intervals determined by the person making or varying the order.

(2)In subsection (1)(a), “payment period” means—

(a)the 48 months beginning with the date of the first payment,

(b)such shorter period as is determined by the person making or varying the order, or

(c)such longer period as is—

(i)determined by the trustee where there is a period during which the debtor did not pay an amount required under the debtor contribution order, or

(ii)agreed by the debtor and the trustee.

(3)The person making or varying the order may determine a shorter period under subsection (2)(b) only if, in the opinion of that person, the value of—

(a)the debtor’s contribution during the shorter period, and

(b)any other estate of the debtor taken possession of by the trustee,

would be sufficient to allow a distribution of the debtor’s estate to meet in full all of the debts mentioned in section 129.

(4)AiB must, when making a debtor contribution order—

(a)determine the date of the first payment, or

(b)in a case where the debtor’s contribution is fixed as zero, determine the date which is to be deemed the date of the first payment under the order.

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