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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

132Submission of accounts and scheme of division

(1)Within 2 weeks after the end of an accounting period the trustee in the sequestration must, in respect of that period, submit to the commissioners (or, if there are no commissioners, to AiB))—

(a)the trustee’s accounts of the trustee’s intromissions with the estate of the debtor for audit and, where funds are available after making allowance for future contingencies, a scheme of division of the divisible funds, and

(b)a claim for the outlays reasonably incurred by the trustee and for the trustee’s remuneration.

(2)Where documents mentioned in subsection (1) are submitted to the commissioners, the trustee must send a copy of them to AiB.

(3)All accounts in respect of legal services incurred by the trustee are, before they are paid by the trustee, to be submitted for taxation to the auditor of the court before which the sequestration is pending.

(4)But subsection (3) is subject to subsection (5).

(5)The trustee may pay the account without submitting it for taxation where—

(a)any such account has been agreed between the trustee and the person entitled to payment in respect of that account,

(b)the trustee is not an associate of that person, and

(c)the commissioners have (or, if there are no commissioners, AiB has) determined that the account need not be submitted for taxation.

(6)This section and sections 133 to 135 do not apply where AiB is the trustee in the sequestration.

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