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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.
The fees payable to the Accountant in relation to the exercise of any of their functions under the Act are prescribed by Scottish ministers within the TheFees Order.
The Accountant cannot waive any fee payable under Part 2 of The FeesOrder.
Fees can be recovered from the bankruptcy estate by the trustee. However, in certain occurrences the trustee will require to satisfy AiB, or a sheriff, that the fee was incurred in circumstances out with their control and produce an order confirming they can be recovered from the estate.
It should be noted fees payable to AiB require to be paid whether or not monies are ingathered to the estate.
Fees are payable are in respect of the following functions:
supervision of a bankruptcy
for considering and issuing a determination in an appeal against a determination of commissioners of the outlays and remuneration of a trustee
for issuing a determination fixing the outlays and remuneration of an interim trustee or trustee
for attending a meeting of creditors
for calling a meeting of creditors
for attending an examination of a debtor
lodging an unclaimed dividend
for uplifting an unclaimed dividend
for receiving a report of proceedings at the statutory meeting
for appointing a replacement trustee following resignation and no new trustee is elected
for considering and making an order in relation to an application for removal of a trustee
for considering and making a declaration and order that the office of trustee is vacant
for making a determination or appointment for the replacement of a trustee acting in more than one sequestration
for appointing a trustee after discharge when newly identified estate is discovered
for giving a direction following an application by a trustee
for issuing an order curing defects following an application
for determination of an application for recall
for considering and making an order for the conversion of a trust deed to bankruptcy
for an application to court or the Accountant in Bankruptcy for a bankruptcy restrictions order
for registering a court order appointing a replacement trustee