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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

127Adjudication of claims: review and appeal

(1)The debtor or any creditor may apply to AiB for a review of—

(a)the acceptance or rejection of any claim, or

(b)a decision in respect of any matter requiring to be specified under section 126(7)(a) or (b).

(2)The debtor may make an application under subsection (1) only if the debtor satisfies AiB that the debtor has, or is likely to have, a pecuniary interest in the outcome of the review.

(3)Any application under subsection (1) must be made, in the case of a review relating to an acceptance or rejection—

(a)under subsection (1) of section 126, within 14 days beginning with the day of the decision to accept or reject the claim, and

(b)under subsection (3) of that section, within 28 days beginning with that day.

(4)If an application under subsection (1) is made, AiB must—

(a)take into account any representations made by an interested party within 21 days beginning with the day on which the application is made, and

(b)confirm, amend or revoke the decision within 28 days beginning with that day.

(5)The debtor or any creditor may, within 14 days beginning with the day of a decision by AiB under subsection (4)(b), appeal to the sheriff against that decision.

(6)The debtor may appeal under subsection (5) only if the debtor satisfies the sheriff that the debtor has, or is likely to have, a pecuniary interest in the outcome of the appeal.

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