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Bankruptcy and Diligence etc. (Scotland) Act 2007

Section 31 – Restriction of debtor’s rights to appeal under sections 49(6) and 53(6) of the 1985 Act

98.Section 49(6) of the 1985 Act allows the debtor or any creditor to appeal against an adjudication by the trustee in sequestration on claims. Section 53(6) of that Act allows the same parties to appeal against the trustee’s remuneration and outlays.

99.This section inserts a new subsection (6A) into both sections introducing a restriction on the right of appeal by the debtor. The debtor can now appeal only if the debtor has a financial interest in the outcome of the appeal, such as a right to a reversion of funds after dividend.

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