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Bankruptcy (Scotland) Act 2016

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Status:

Point in time view as at 06/02/2023.

Changes to legislation:

Bankruptcy (Scotland) Act 2016, Section 10 is up to date with all changes known to be in force on or before 25 July 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

10Death or withdrawalS

(1)Where, after a petition for sequestration is presented but before the sequestration is awarded, the debtor dies then, if the petitioner is a creditor, the proceedings are to continue in accordance with this Act so far as circumstances will permit.

(2)Where, after a debtor application is made but before the sequestration is awarded, the debtor dies then the application falls.

(3)Where, after a petition for sequestration is presented but before the sequestration is awarded, a creditor who is the petitioner withdraws or dies, there may be sisted in the place of that creditor any creditor who both was a qualified creditor at the date when the petition was presented and is a qualified creditor at the date of the sist.

(4)Where, after a petition for sequestration is presented but before the sequestration is awarded, a creditor who has lodged answers to the petition withdraws or dies, there may be sisted in the place of that creditor any other creditor.

(5)Where, after a debtor application is made but before the sequestration is awarded, a creditor who concurs in the application withdraws or dies, any other creditor may, if the conditions mentioned in subsection (6) are met, notify AiB that the other creditor concurs in the application in place of the creditor who has withdrawn or died.

(6)The conditions are that the other creditor—

(a)was a qualified creditor at the date when the debtor application was made, and

(b)is a qualified creditor at the date of the notification.

Commencement Information

I1S. 10 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

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