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

The following behaviours could be considered grounds for an application for an investigation:

• failure to keep records which account for a loss of property
• failure to produce records to the Accountant, the trustee or interim trustee
• failing to supply accurate information to an authorised person for the purpose of the granting under section 9 a certificate for sequestration of the debtor’s estate
• making a gratuitous, or other, alienation
• creating an unfair, or any other, preference
• making an excessive pension contribution
• failure to supply goods or services which has given rise to a creditor’s claim
• trading when they knew they could not pay their debts
• incurring a debt before bankruptcy which they knew they could not pay back
• failure to satisfactorily account for losses in property to the:
  • sheriff
  • Accountant
  • interim trustee
  • trustee
• excessive gambling or other extravagance which may have materially affected their debts
• neglect of business affairs that contributed or increased their debts
• fraud or breach of trust
• failure to co-operate with the Accountant, interim trustee, trustee