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

A trustee can carry out an informal adjudication of claims at any time to establish funds required when negotiating with a debtor. 

However, a formal notification should only be issued when the trustee has funds available to make a distribution, and should be carried out no less than 4 weeks before the end date of the accounting period in which the agreement of the dividend is sought.

The trustee must be satisfied:

• the debt was incurred prior to the date of bankruptcy and any interest has only been calculated to this date
• sufficient evidence has been received to substantiate the debt
• the claim was received within 120 days of the date the creditor was notified of the bankruptcy

The trustee shall record their adjudications as directed in section 126(7) of the Act and a copy must be uploaded to BASYS to be inserted into the electronic Sederunt Book.