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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

143Debtor not traced: subsequent debtor contact

(1)This section applies where—

(a)a certificate is issued under section 141(4)(b) or (6)(b), and

(b)the trustee ascertains the whereabouts of the debtor or the debtor makes contact with the trustee.

(2)Where AiB is the trustee, AiB may discharge the debtor at any time after the date which is 12 months after that on which—

(a)the whereabouts of the debtor were ascertained, or

(b)the debtor made contact with the trustee.

(3)Where AiB is not the trustee, the trustee must prepare and send a report to AiB without delay after the date which is 10 months after the earlier of—

(a)the date on which the whereabouts of the debtor were ascertained by the trustee, and

(b)the date on which the debtor made contact with the trustee.

(4)If the trustee sends a report to AiB under subsection (3)—

(a)the report must include the matters which, in a report sent to AiB, are included in accordance with subsection (5) of section 137, and

(b)subsection (6) of that section applies to a report sent under this section as it applies to a report sent in accordance with subsection (4) of that section.

(5)After receiving a report under subsection (3), AiB may discharge the debtor by granting a certificate of discharge in the prescribed form.

(6)Before deciding whether to discharge the debtor under subsection (5), AiB must—

(a)consider the report prepared under subsection (3), and

(b)take into account any representations received during the 28 days mentioned in subsection (6)(b) of section 137 (as applied in accordance with subsection (4)).

(7)Discharge under subsection (2) or (5) is not to take effect before the expiry of 14 days beginning with the day of notification of the decision to discharge.

(8)Discharge under subsection (2) or (5) is deemed for the purposes of section 145 to have been given under section 137(2).

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