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Bankruptcy and Diligence etc. (Scotland) Act 2007

New section 9S – Ranking of interim attachment

581.Section 9S provides that in competition with the claims of other creditors of the debtor, whether those claims are secured by voluntary securities or other diligences or are unsecured, the interim attachment will be treated, on final conclusion of the action in the creditor’s favour, as if it were an attachment under section 10 of the 2002 Act executed on the day of execution of the interim attachment.

582.Also, where an interim attachment has ceased to have effect in relation to any specific article on the attachment of it in execution of a final interlocutor in the creditor’s favour, the attachment of the item will be taken to have been carried out, in respect of that item, when the interim attachment was carried out.

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