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The Bankruptcy (Applications and Decisions) (Scotland) Regulations 2016

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Application form: first instance applications to the Accountant in Bankruptcy

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5.—(1) An application to AiB under the following provisions of the Act must be made in writing in Form 1 (application to the Accountant in Bankruptcy: general)—

(a)section 31(1) (recall of sequestration: where the only ground is that the debtor has paid or is able to pay debts in full);

(b)section 60(3)(a) (objection to election of replacement trustee);

(c)section 66(7)(a) (trustee replacement in more than one sequestration);

(d)section 70(2)(a) (removal of trustee);

(e)section 72(3)(a) (declaration of office of trustee as vacant);

(f)section 110(4)(b) (contractual powers of trustee);

(g)section 159(3) (revocation or variation of bankruptcy restrictions order);

(h)section 212(2)(a) (power of Accountant in Bankruptcy to cure defects in procedure); and

(i)paragraph 3(3)(b) of schedule 2 (valuing contingent debts).

(2) Form 1 must also be used (where AiB is the applicant or trustee) for—

(a)representations under section 66(10) of the Act (trustee replacement in more than one sequestration); and

(b)representations under section 212(5) of the Act (curing defect in procedure).

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