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The Bankruptcy (Scotland) Regulations 2008

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Debtor Applications

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14.—(1) A debtor application(1) (including a low income/low asset application) as defined in section 73 of the 1985 Act shall be made to the Accountant in Bankruptcy–

(a)in the case of an application by a living debtor without concurrence of a qualified creditor or creditors, in the form of Form 9;

(b)in the case of an application by a living debtor with concurrence of a qualified creditor or qualified creditors in the form of Form 10;

(c)in the case of an application by an entity referred to in section 6(1) of the 1985 Act in the form of Form 11; and

shall be accompanied in terms of section 5(6A) of the 1985 Act by a statement of assets and liabilities in the form of Form 12.

(2) Where in a debtor application the debtor nominates an Insolvency Practitioner to act as the trustee in the sequestration and the Insolvency Practitioner agrees to act, the application must be accompanied by the Insolvency Practitioner’s written undertaking to act as the trustee in the form of Form 13.

(3) In the case of a debtor application, if the Accountant in Bankruptcy considers that–

(a)the application has not been fully completed;

(b)there is a fee outstanding in respect of the application; or

(c)an award of sequestration may not be appropriate in the circumstances of the case,

the Accountant in Bankruptcy shall advise the debtor in writing of which of the circumstances (a), (b) or (c) applies and require the debtor within 21 days (or such longer period as the Accountant in Bankruptcy may specify) to provide the outstanding fee or supply further information as specified by the Accountant in Bankruptcy.

(4) If after the expiry of the 21 days–

(a)the application has not been fully completed;

(b)payment of any outstanding fee in respect of the application has not been received by the Accountant in Bankruptcy; or

(c)the Accountant in Bankruptcy is otherwise not satisfied that an award of sequestration is appropriate in the circumstances of the case,

the Accountant in Bankruptcy may refuse to award sequestration.

(5) The Accountant in Bankruptcy or the Depute Accountant in Bankruptcy shall daily sign a Schedule in the form of Form 14 listing those debtors whose estates have been sequestrated that day and shall enter the Schedule into the register of insolvencies.

(6) The Accountant in Bankruptcy shall notify in writing debtors in respect of whom an award of sequestration has been made forthwith after the award of sequestration.

(7) Where the Accountant in Bankruptcy refuses to award sequestration, the Accountant in Bankruptcy or Depute Accountant in Bankruptcy must complete and sign a Form 15 in respect of the debtor and forthwith send a copy to the applicant, or applicants, in the debtor application.

(8) Where the Accountant in Bankruptcy awards sequestration the certified notice of the determination to be sent by the Accountant in Bankruptcy to the Keeper of the Registers of Scotland for recording in terms of section 14(1A)(2) of the 1985 Act shall be in the form of Form 16 and the certification shall be by the Accountant in Bankruptcy, the Depute Accountant in Bankruptcy or any other person authorised by the Accountant in Bankruptcy to certify the notice of the determination on behalf of the Accountant in Bankruptcy.

(9) A certified notice containing an electronic signature, in a form to be agreed between the Accountant in Bankruptcy and the Keeper of Registers of Scotland, of a determination referred to in paragraph (8) may be sent by the Accountant in Bankruptcy to the Keeper of the Registers of Scotland electronically.

(1)

The definition of “debtor application” in section 73 of the 1985 Act was inserted by paragraph 60(2)(b) of the Schedule 1 to the 2007 Act.

(2)

Section 14(1A) of the 1985 Act was inserted by paragraph 12(3) of the Schedule 1 to the 2007 Act.

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