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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

13Further provisions relating to presentation of petitions

(1)The petitioner is, on the day the petition for sequestration is presented under section 2, 5 or 6, to send a copy of the petition to AiB.

(2)A petition for the sequestration of the estate of a debtor (other than a limited partnership or a deceased debtor) may be presented—

(a)by a qualified creditor or qualified creditors only if the apparent insolvency founded on in the petition was constituted within 4 months before the date of presentation of the petition, or

(b)at any time by—

(i)a trustee acting under a trust deed,

(ii)a temporary administrator, or

(iii)a member State liquidator appointed in main proceedings.

(3)A petition for the sequestration of the estate of a limited partnership may be presented—

(a)by a qualified creditor or qualified creditors only if the apparent insolvency founded on in the petition was constituted within 4 months (or such other period as may be prescribed) before the date of presentation of the petition, or

(b)at any time by—

(i)a trustee acting under a trust deed,

(ii)a temporary administrator, or

(iii)a member State liquidator appointed in main proceedings.

(4)A petition for the sequestration of the estate of a deceased debtor may be presented—

(a)by a qualified creditor or qualified creditors—

(i)in a case where the apparent insolvency of the debtor founded on in the petition was constituted within 4 months before the date of death, at any time, and

(ii)in any other case (whether or not apparent insolvency has been constituted), not earlier than 6 months after the date of death, or

(b)at any time by—

(i)a person entitled to be appointed as executor of the estate,

(ii)a trustee acting under a trust deed,

(iii)a temporary administrator, or

(iv)a member State liquidator appointed in main proceedings.

(5)The presentation of a petition for sequestration bars the effect of any enactment or rule of law relating to the limitation of actions.

(6)Where, before sequestration is awarded, it becomes apparent that a petitioning creditor was ineligible to petition, that person must withdraw, or as the case may be withdraw from, the petition; but another creditor may be sisted in that person’s place.

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