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

In cases where the debtor is not co-operating and the trustee is unable to recommend discharge of the debtor as per section 14.1 of this guidance, the trustee may apply to AiB for authority to resign office on account of the debtor’s failure to co-operate, resulting in the debtor being un-discharged indefinitely and AiB becoming the trustee.

The legislative conditions of submitting an application are:

• a period of 5 years must first have passed, beginning with the date of sequestration
• the trustee has not been able to carry out their statutory functions due to the non-cooperation of the debtor
• that the failure is likely to continue
• the trustee has made reasonable efforts to secure that cooperation

Reasonable efforts to secured the co-operation of the debtor are set out in section 14.1 of this guidance under further points to consider for all categories.