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Notes for Guidance - Bankruptcy (Scotland) Act 2016 (as amended)

This guidance describes the general functions of Accountant in Bankruptcy, interim trustees, trustees and commissioners in relation to their responsibilities regarding bankruptcies which started on or after 30 November 2016.

12.1 Submission of claims

A creditor must submit a claim to the trustee for:

  • entitlement to vote at a meeting of creditors, other than the statutory meeting
  • entitlement to a dividend.

The claim must be made on a Form 11 of The Regulations and be accompanied by documentary evidence of the debt. 

The trustee has discretion on the evidence they will accept.

Evidence of a debt can be accepted in a variety of formats, such as an invoice, bank statements, court decree, or screen prints from computer records, etc. It should identify the creditor, the debtor, and the balance at the date of bankruptcy.

A trustee may allow an informal claim, in writing, if a creditor neither resides, or has a place of business in the United Kingdom.

A creditor will have committed an offence if they knew or had reason to believe the claim, or any evidence produced, was false.

A debtor will have committed an offence if they knew, or became aware, that the claim or any evidence produced was false and failed to report it to the trustee.

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