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Bankruptcy and Diligence etc. (Scotland) Act 2007

New section 9N – Variation of orders and variation or recall of conditions

567.Under section 9N, the court may, on an application by the debtor, vary an order under section 9M(7) restricting a warrant for interim attachment, or vary or remove a condition imposed under section 9E(6) or 9M(12).

568.Subsection (2) provides that any application under subsection (1) is to be in the form set out in rules of court. The application must be sent to the creditor and any other person with an interest. Subsection (3) provides that at the hearing about an application made under subsection (1), all interested parties will be able to be heard by the court before any order is made.

569.Subsection (5) provides that, on making any order under this section, the court must also order the debtor to intimate the order to the creditor and any other interested parties.

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