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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.

19.4 Discretionary powers of commissioners

Commissioners are given specific discretionary powers in the exercise of their functions.

The attention of the commissioners is directed to the terms of the Act for other discretionary powers and AST can advise commissioners on any matter included in, or omitted, from these notes.

The following list is not exhaustive, however, the undernoted are most likely to be undertaken by commissioners in matters arising in the administration of a normal bankruptcy.

19.4.1 Offer advice to the trustee

See section 7, section 8, section 9 and section 10 for further information.

19.4.2 Require an application to the sheriff for a public examination

See section 11 for further information

19.4.3 Dispense with taxation of a legal account

See section 13.12.2 for further information.

19.4.4 Consent to the trustee referring to arbitration

See section 18.4 for further information.

19.4.5 Consent to the trustee compromising any claim

See section 18.4 for further information.

19.4.6 Require the trustee to call a meeting of creditors

See section 18.5 of these notes for further information.

19.4.7 Require the trustee to call a meeting of commissioners

See section 18.5 for further information.

19.4.8 Call a meeting of commissioners if the trustee fails to do

See section 18.5 for further information.

19.4.9 Authorise payment the preferred debts

Section 131(3)(b) of the Act applies.

19.4.10 Consent to postponement of payment of a dividend

Section 131(4) of the Act applies.

19.4.11 Apply to the sheriff for direction

Section 109(2)(b) of the Act applies.

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