Bankruptcy (Scotland) Act 2016 (asp 21)

Valid from 30/11/2016

SCHEDULE 6 S MEETINGS OF CREDITORS AND COMMISSIONERS

PART 1 S Meetings of creditors other than the statutory meeting

Calling of meeting S

1 S The trustee in the sequestration must call a meeting of creditors if required to do so—

(a) by order of the sheriff,

(b) by 1/10 in number or ⅓ in value of the creditors,

(c) by a commissioner, or

(d) by AiB.

2 S Any such meeting must be held not later than 28 days after—

(a) the issuing of the order under paragraph 1(a), or

(b) the receipt by the trustee of the requirement under paragraph 1(b), (c) or (d).

3 S The trustee, or a commissioner who has given notice to the trustee, may at any time call a meeting of creditors.

4 S The trustee, calling a meeting under paragraph 1 or 3, or a commissioner, calling a meeting under paragraph 3, is no fewer than 7 days before the date fixed for the meeting to notify—

(a) every creditor known to the trustee or, as the case may be, to the commissioner, and

(b) AiB,

of the date, time and place fixed for the holding of the meeting and of the meeting's purpose.

5 S Where—

(a) a requirement has been made under paragraph 1, but

(b) no meeting has been called by the trustee,

AiB may, of AiB's own accord or on the application of any creditor, call a meeting of creditors.

6 S AiB, calling a meeting under paragraph 5, is no fewer than 7 days before the date fixed for the meeting to take reasonable steps to notify the creditors of the date, time and place fixed for the holding of the meeting and of the meeting's purpose.

7 S It is not necessary to notify under paragraph 4 or 6 any creditor whose accepted claim is less than £50 or such sum as may be prescribed, unless the creditor has in writing requested such notification.