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

9.3 Recall of orders

Under Section 100 of the Act the trustee is given the statutory right to apply to the court for any capital award made to the debtor’s ex-spouse to be recalled, provided that:

on the date the order was made the debtor was absolutely insolvent or was rendered so by the making of the order
the date of bankruptcy was within five years after the date of the order

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

Thursday, 18 April 2024
Supporting document added to website

Monday, 29 January 2024
Published on website

Saturday, 1 October 2022
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

Monday, 1 November 2021
Published

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9.3 Recall of orders

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