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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.

2.4 Recall of sequestration

Sections 29 and 31 of the Act allows the following to present a petition to court, or make an application to the Accountant, for recall of an award of bankruptcy under certain circumstances:

  • a debtor
  • any creditor
  • any other person having an interest
  • the trustee
  • the Accountant

The effect of recall is, so far as practicable, to restore the debtor and any other person affected by the bankruptcy to the position the debtor or, as the case may be, the other person would have been in if the bankruptcy had not been awarded. A recall is not to affect the interruption of prescription caused by:

  • the presentation of the petition for sequestration
  • the making of the debtor application
  • the submission of a claim under section 46 or 122 of the Act
  • invalidate any transaction entered into before such recall by the interim trustee, or trustee, with a person acting in good faith
  • affect a Bankruptcy Restriction Order (BRO) which has not been annulled under section 161(1)(a) of the Act

The Accountant recommends the debtor is directed to, or provided with, a copy of the AiB publications the Debtors’ Guide and/or the Bankruptcy Recall Guide at the earliest opportunity.

It should be noted the administration of a bankruptcy should proceed as if the petition/application had not been made until the outcome of the petition/application, is determined.

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