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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

8.2 Debtor application

This role is undertaken by the Bankruptcy Applications and Decisions (BAD) team on behalf of the Accountant.

The BAD team must make an DCO on a Form 17 of The Regulations at the same time as awarding bankruptcy and will notify:

  • the debtor
  • the trustee
  • any third person who has been ordered to make the payments for the debtor i.e. an employer

When the BAD team has made a DCO the trustee is not required to re-assess the debtors income and expenditure using the CFT unless there are significant changes to the debtor’s circumstances, or a Current State of Affairs has been completed (see section 8.6).

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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