Bankruptcy (Scotland) Act 1985

1. Introductory Text

2. Administration of bankruptcy

   1. 1. Accountant in Bankruptcy

   2. 2. Interim trustee

   3. 3. Permanent trustee

   4. 4. Commissioners

3. Petitions for sequestration

   1. 5. Sequestration of the estate of living or deceased debtor

   2. 6. Sequestration of other estates

   3. 7. Meaning of apparent insolvency

   4. 8. Further provisions relating to presentation of petitions

   5. 9. Jurisdiction

   6. 10. Concurrent proceedings for sequestration or analogous remedy

   7. 11. Creditor's oath

4. Award of sequestration and appointment ami resignation of interim trustee

   1. 12. When sequestration is awarded

   2. 13. Appointment and resignation of interim trustee

   3. 14. Registration of court order

   4. 15. Further provisions relating to award of sequestration

   5. 16. Petitions for recall of sequestration

   6. 17. Recall of sequestration

5. Period between award of sequestration and statutory meeting of creditors

   1. 18. Interim preservation of estate

   2. 19. Debtor's list of assets and liabilities

   3. 20. Trustee's duties on receipt of list of assets and liabilities

6. Statutory meeting of creditors and confirmation of permanent trustee

   1. 21. Calling of statutory meeting

   2. 22. Submission of claims for voting purposes at statutory meeting

   3. 23. Proceedings at statutory meeting before election of permanent trustee

   4. 24. Election of permanent trustee

   5. 25. Confirmation of permanent trustee

   6. 26. Provisions relating to termination of interim trustee's functions

   7. 27. Discharge of interim trustee

7. Replacement of permanent trustee

   1. 28. Resignation and death of permanent trustee

   2. 29. Removal of permanent trustee and trustee not acting

8. Election, resignation and removal of commissioners

   1. 30. Election, resignation and removal of commissioners

9. Vesting of estate in permanent trustee

   1. 31. Vesting of estate at date of sequestration

   2. 32. Vesting of estate, and dealings of debtor, after sequestration

   3. 33. Limitations on vesting

10. Safeguarding of interests of creditors of insolvent persons

    1. 34. Gratuitous alienations

    2. 35. Recalling of order for payment of capital sum on divorce

    3. 36. Unfair preferences

11. Effect of sequestration on diligence

    1. 37. Effect of sequestration on diligence

12. Administration of estate by permanent trustee

    1. 38. Taking possession of estate by permanent trustee

    2. 39. Management and realisation of estate

    3. 40. Power of permanent trustee in relation to the debtor's family home

    4. 41. Protection of rights of spouse against arrangements intended to defeat them

    5. 42. Contractual powers of permanent trustee

    6. 43. Money received by permanent trustee

13. Examination of debtor

    1. 44. Private examination

    2. 45. Public examination

    3. 46. Provisions ancillary to sections 44 and 45

    4. 47. Conduct of examination

14. Submission and adjudication of claims

    1. 48. Submission of claims to permanent trustee

    2. 49. Adjudication of claims

15. Entitlement to vote and draw dividend

    1. 50. Entitlement to vote and draw dividend

16. Distribution of debtor's estate

    1. 51. Order of priority in distribution

    2. 52. Estate to be distributed in respect of accounting periods

    3. 53. Procedure after end of accounting period

17. Discharge of debtor

    1. 54. Automatic discharge after 3 years

    2. 55. Effect of discharge under section 54

    3. 56. Discharge on composition

18. Discharge of permanent trustee

    1. 57. Discharge of permanent trustee

    2. 58. Unclaimed dividends

19. Voluntary trust deeds for creditors

    1. 59. Voluntary trust deeds for creditors

20. Miscellaneous and supplementary

    1. 60. Liabilities and rights of co-obligants

    2. 61. Extortionate credit transactions

    3. 62. Sederunt book and other documents

    4. 63. Power to cure defects in procedure

    5. 64. Debtor to co-operate with permanent trustee

    6. 65. Arbitration and compromise

    7. 66. Meetings of creditors and commissioners

    8. 67. General offences by debtor etc

    9. 68. Summary proceedings

    10. 69. Outlays of interim and permanent trustee

    11. 70. Supplies by utilities

    12. 71. Edinburgh Gazette

    13. 72. Regulations

    14. 73. Interpretation

    15. 74. Meaning of "associate"

    16. 75. Amendments, repeals and transitional provisions

    17. 76. Receipts and expenses

    18. 77. Crown application

    19. 78. Short title, commencement and extent

21. Schedules

    1. Schedule 1

       Determination of amount of creditor's claim

    2. Schedule 2

       Adaptation of procedure etc. under this Act where permanent trustee not elected

    3. Schedule 3

       Preferred debts

    4. Schedule 4

       Discharge on composition

    5. Schedule 5

       Voluntary trust deeds for creditors

    6. Schedule 6

       Meetings of creditors and commissioners

    7. Schedule 7

       Consequential amendments and re-enactments

    8. Schedule 8

       Repeals