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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

46Submission of claims for voting purposes

(1)For the purposes of voting at the statutory meeting a creditor (in this section and in section 47 referred to as “C”) must, in accordance with this section, submit a claim to the trustee in the sequestration at or before the meeting.

(2)C submits a claim under this section by producing to the trustee—

(a)a statement of claim in the prescribed form, and

(b)an account or voucher (according to the nature of the debt) which constitutes prima facie evidence of the debt.

(3)But the trustee may dispense with any requirement under subsection (2) in respect of any debt or of any class of debt.

(4)Where C neither resides, nor has a place of business, in the United Kingdom, the trustee—

(a)must, if the trustee knows where C does reside or have a place of business and if no notification has been given to C under section 44(3), write to C informing C that C may submit a claim under this section, and

(b)may allow C to submit an informal claim in writing.

(5)If C has produced a statement of claim in accordance with subsection (2), C may at any time before the statutory meeting produce, in place of that statement of claim, another statement of claim specifying a different amount for C’s claim.

(6)C may, in such circumstances as may be prescribed, state the amount of C’s claim in foreign currency.

(7)The trustee must, on production of any document to the trustee under this section—

(a)initial the document,

(b)keep a record of it, stating the date on which it was produced to the trustee, and

(c)if requested by the person producing it, return it (if it is not a statement of claim) to that person.

(8)The submission of a claim under this section bars the effect of any enactment or rule of law relating to the limitation of actions.

(9)Schedule 2 has effect for determining the amount in respect of which C is entitled to claim.

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