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The Bankruptcy (Scotland) Regulations 2008

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Debtor applications/low income, low assets

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15.—(1) In the case of debtor applications, on the basis that the low income/low asset conditions set out in section 5(2B)(c)(ia) of the 1985 Act may be met, the debtor must complete and return to the Accountant in Bankruptcy, within 21 days of being required by the Accountant in Bankruptcy in writing to complete it, a statutory declaration in the form of Form 17.

(2) In the event that a statutory declaration is not completed and returned by the debtor as required under paragraph (1), the Accountant in Bankruptcy, unless satisfied that the debtor is apparently insolvent in terms of section 7 of the 1985 Act, shall refuse to grant the application.

(3) In the case of an award of sequestration on the basis of an application fulfilling the conditions set out in section 5(2B)(c)(ia) of the 1985 Act, the notice published by the trustee in the Edinburgh Gazette in terms of section 15(6) of the 1985 Act, shall include a statement that–

(a)the debtor meets the conditions set out in section 5(2B)(c)(ia) of the 1985 Act; and

(b)that no dividend is expected and therefore creditors are not invited to submit claims in anticipation of a dividend, although the Accountant in Bankruptcy shall accept notification of sums outstanding to any creditor or of any other information relevant to the sequestration which a creditor may wish to draw to the attention of the Accountant in Bankruptcy.

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