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Regulation 9 Recall of sequestration by Accountant in BankruptcyI1

Scotland

(1)

Where the statement of the debtor’s affairs is not submitted in accordance with section 32(3)(a) of the Act (recall where the only ground is that the debtor has paid or is able to pay debts in full), the application is not to be considered by AiB until it is submitted.

(2)

Where paragraph (1) applies AiB may make inquiries under regulation 7.

(3)

AiB must send to the persons listed in section 31(2) of the Act a copy of AiB’s decision under section 34(1) or 35(6) of the Act.

F1(4)

AiB must send a statement of the debtor’s affairs with any notification under section 35(2)(b) of the Act (recall where the only ground is that the debtor has paid or is able to pay the debtor’s debts in full: AiB acting as trustee).

F2(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

Where recall is under consideration (including on a review application), and sequestration is recalled by AiB, AiB must at that time consider whether to revoke under section 161(4) of the Act any bankruptcy restrictions order (or interim order) in effect in relation to the debtor.

(7)

Where an original recall decision is amended or revoked on review, AiB must send a certified copy of the revised decision to the Keeper of the Register of Inhibitions for recording in that register.

Annotations

Textual amendments

F1

Reg. 9(4) substituted (25.6.2025) by The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (S.S.I. 2025/145), regs. 1(1), 2(2)(a)

F2

Reg. 9(5) omitted (25.6.2025) by virtue of The Bankruptcy and Diligence (Scotland) Act 2024 (Consequential Amendments and Forms) Regulations 2025 (S.S.I. 2025/145), regs. 1(1), 2(2)(b)

Commencement

I1

Reg. 9 in force at 30.11.2016, see reg. 1(2)