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Bankruptcy (Scotland) Act 1985

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This is the original version (as it was originally enacted).

Calling of meeting

1The permanent trustee shall call a meeting of creditors if required to do so by—

(a)order of the court;

(b)one-tenth in number or one-third in value of the creditors ;

(c)a commissioner; or

(d)the Accountant in Bankruptcy.

2A meeting called under paragraph 1 above shall be held not later than 28 days after the issuing of the order of the court under sub-paragraph (a) of that paragraph or the receipt by the permanent trustee of the requirement under sub-paragraph (b), (c) or (d) thereof.

3The permanent trustee or a commissioner who has given written notice to him may at any time call a meeting of creditors.

4The permanent trustee or a commissioner calling a meeting under paragraph 1 or 3 above shall, not less than 7 days before the date fixed for the meeting, notify—

(a)every creditor known to him ; and

(b)the Accountant in Bankruptcy,

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

5(1)Where a requirement has been made under paragraph 1 above but no meeting has been called by the permanent trustee, the Accountant in Bankruptcy may, of his own accord or on the application of any creditor, call a meeting of creditors.

(2)The Accountant in Bankruptcy calling a meeting under this paragraph shall, not less than 7 days before the date fixed for the meeting, take reasonable steps to notify the creditors of the date, time and place fixed for the holding of the meeting and its purpose.

6It shall not be necessary to notify under paragraph 4 or 5 of this Schedule any creditor whose accepted claim is less than £50 or such sum as may be prescribed, unless the creditor has requested in writing such notification.

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