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Accountant in Bankruptcy

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Publication - Notes for Guidance

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

First published
1 November 2021
Last updated
19 June 2024 - see all updates
Topic
Bankruptcy

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.

Supporting documents

18.1 Extortionate credit transaction

If a transaction has not entered into more than three years before the date of bankruptcy the trustee can apply to the court for an order varying or setting aside the obligations under the agreement if those obligations are extortionate.

Section 209(3) of the Act specifies the circumstances in which transactions may be regarded as extortionate credit transactions.

First published
Monday, 1 November 2021
Last updated
Wednesday, 19 June 2024 -
All updates

  1. Changes to AiB team names. Sections 12.2.1, 12.3, 12.5, 13.10, 13.13.1, 13.14 amended. Section 13.12.10 added

  2. Supporting document added to website

  3. Published on website

  4. Amended sections 2.2, 12.7.2, 12.8.2, 13.6, 13.9, 13.12, 13.13, 13.14, 16.5, 18.5.1

  5. Published

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