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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.

16.2 Expectations of the Accountant

The trustee must consider early into the debtor’s bankruptcy if there are grounds to consider making a BRO investigation application. If there are, the trustee must proceed to gather evidence of the suspected misbehaviour and submit a request for an investigation within eight months of the date of the award.

If an application is being considered the trustee must ensure that the debtor has been made aware of and understands their responsibilities.

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