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Bankruptcy and Debt Advice (Scotland) Act 2014

Review of decisions made by Accountant in Bankruptcy

Section 38 – Review of decisions about interim trustee

89.This section modifies sections 13A (‘Termination of interim trustee’s functions when interim trustee is not appointed as trustee’), 13B (‘Termination of Accountant in Bankruptcy’s functions where not appointed as trustee’) and 18 (‘Interim preservation of estate’) of the 1985 Act. An interim trustee is usually (although not always) appointed on the basis of a creditor petition, for example when the creditor believes that action needs to be taken quickly in order to safeguard the debtor’s estate. Later in the process, AiB may decide to appoint the interim trustee as trustee or to terminate the interim trustee’s functions and appoint a different trustee. This section enables an interim trustee who has not been appointed as trustee to apply to AiB for a review of its decision.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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