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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.

13.16 Determination of trustee fees and outlays - appeal

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.

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