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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.

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
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