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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 31 July 2013 - onwards
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87. Grounds of challenge by creditor to coming into effect of Debt Settlement Arrangement.

The grounds on which a Debt Settlement Arrangement may be challenged by a creditor under section 77 are, without prejudice to section 83, limited to the following matters:

(a) that the debtor has by his or her conduct within the 2 years prior to the issue of the protective certificate under section 61 arranged his or her financial affairs primarily with a view to being or becoming eligible to apply for a Debt Settlement Arrangement or a Personal Insolvency Arrangement;

(b) the procedural requirements specified in this Act were not complied with;

(c) a material inaccuracy or omission exists in the debtor's statement of affairs (based on the Prescribed Financial Statement) which causes a material detriment to the creditor;

(d) the debtor, when the Debt Settlement Arrangement was proposed, did not satisfy the eligibility criteria specified in section 57;

(e) the Debt Settlement Arrangement unfairly prejudices the interests of a creditor;

(f) the debtor has committed an offence under this

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