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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

139Discharge of debtor: review and appeal

(1)The trustee or the debtor may apply to AiB for a review of a decision to refuse to discharge the debtor under section 137(2) or 138(2).

(2)Any creditor may apply to AiB for a review of a decision to discharge the debtor under section 137(2) or 138(2).

(3)Any application under subsection (1) or (2) must be made within 14 days beginning with the day of the notification of the decision in question.

(4)If an application is made under subsection (2), the discharge is suspended until the determination of the review by AiB.

(5)If an application is made under subsection (1) or (2), AiB must—

(a)take into account any representations made by an interested person within 21 days beginning with the day on which the application is made, and

(b)confirm or revoke the decision within 28 days beginning with that day.

(6)The debtor, the trustee or any creditor may appeal to the sheriff, against any decision of AiB under subsection (5)(b), within 14 days beginning with the day of the decision.

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