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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.

16.9 Application for a BRO to the sheriff

A sheriff can impose a BRO for a period between five and 15 years.

The BAI team will:

  • make an application to the appropriate Sheriff Court
  • notify parties as instructed by the court
  • if required attend a court hearing
  • notify the debtor and the trustee of the outcome

If appropriate the BAI team will:

  • issue a copy of the Order to the debtor
  • make the relevant entry on the Register of Insolvencies
  • issue an invoice to the trustee. The fee to be applied can be found in The Fees Order
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