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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.

19.2 General function of commissioners

The commissioners are a representative body of the creditors. They are elected by the general body of the creditors to advise and supervise the trustee in the management of the estate. They have no power to deal directly with, or transact, with the estate and they are expressly barred from purchasing any part of the debtor’s estate.

Under section 109(2)(b) of the Act the trustee must comply with any general or specific directions given by the commissioners after they have made an application to the sheriff regarding the recovery, management and realisation of the estate.

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