Bankruptcy review summaries 2024-25

Review 1

Scenario

The debtor asked for a review of the trustees’ decision to accept a claim in his sequestration from National Gas. He claimed that this debt was in the name of a business which he was no associated with.

The trustee provided evidence that the debtor owned the property at the address in question. In a letter to the trustee he had admitted that there wasn’t a signed lease with those carrying out business in the premises.

In addition, there was correspondence between the debtor and the trustee where he claimed ownership of the debt and asked for it to be included within his sequestration.

Decision

The reviewing officer considered the points raised within the debtors review however they were provided with ample vouching evidence for the claim and were satisfied that the debtor was solely responsible for the debt.

The original decision was confirmed claim from National Gas was allowed.

Review 2

Scenario

The debtor asked for a review of the trustees’ decision to accept the petitioning creditors claim within his sequestration. He claimed that he wasn’t resident at the address where the council tax charges had been claimed for.

Decision

The reviewing officer considered the points raised within the debtors review however they were of the opinion that the debtor had an opportunity to challenge the council tax liability initially with the council and again by appearing at the court in front of the Sheriff.

The Sheriff had considered the information before him and awarded sequestration. The petitioning creditor had provided vouching for their claim.

The original decision was confirmed, and the petitioning creditors claim accepted.

Review 3

Scenario

A creditor asked for a review of the trustee’s decision to reject her claim in the debtors’ sequestration. She claimed that there was a separation agreement which clearly outlined the amount she was to receive upon the sale of the jointly owned property.

Decision

The reviewing officer considered the points raised within the review and agreed that there was suitable vouching for the creditors claim to be allowed in full.

The original decision was revoked, and the creditors claim accepted.

Review 4

Scenario

A creditor asked for a review of the trustees’ decision to reject their claim in the sequestration.

Decision

The reviewing officer considered the points raised within the review and considered that no prima facie evidence had been provided to support the claim.

The original decision was confirmed, and the claim remained rejected.