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

A debtor, or creditor, may appeal the determination:

• of the commissioner(s) to the Accountant
• of the Accountant to the sheriff

The appeal should be lodged at the court which has jurisdiction of the residency of the debtor.

A debtor may only appeal against the trustee’s remuneration if they satisfy the Accountant, or a sheriff, they are likely to have a financial interest in the outcome of the appeal, under section 134(4) of the Act.

If a successful appeal by a debtor is not expected to release sufficient funds to enable a reversion of funds to the debtor, the debtor is not expected to be permitted to lodge an appeal.

The sheriff’s decision is final.