PART 6Debtor’s contribution

Payments by debtor following sequestration

95Variation and removal of debtor contribution order by trustee

1

The trustee may vary or quash a debtor contribution order—

a

on the application of the debtor, following any change in the debtor’s circumstances,

b

if the trustee considers it to be appropriate, following any such change, or

c

if the trustee considers it to be appropriate when—

i

sending a report to AiB under section 137(4), or

ii

granting a discharge under section 138(2).

2

In deciding whether to vary or quash a debtor contribution order, the trustee must use the common financial tool to assess the debtor’s contribution.

3

A decision by the trustee under subsection (1)(b) must not take effect before the expiry of 14 days beginning with the day on which the decision is made.

4

The trustee must notify in writing the persons mentioned in subsection (5) immediately following—

a

any variation or quashing of a debtor contribution order, or

b

any refusal of an application as respects such an order.

5

The persons are—

a

the debtor,

b

AiB (if the trustee is not AiB),

c

any third person required to make a payment under the debtor contribution order or under section 94(5), and

d

any other interested person.