Bankruptcy and Debt Advice (Scotland) Act 2014

10 Debtor application: incomplete or inappropriate application

Before section 12 of the 1985 Act (but after the italic cross-heading immediately preceding it), insert—

“11A Debtor application: incomplete application

(1) This section applies where a debtor application is made and the Accountant in Bankruptcy considers that—

(a) the application is incomplete,

(b) further information is required in relation to the application,

(c) further evidence is required to substantiate any fact relevant to the application, or

(d) any fee or charge applicable to the application is outstanding.

(2) The Accountant in Bankruptcy must specify by notice in writing to the debtor—

(a) any further information which is to be provided,

(b) any further evidence which is to be provided, and

(c) any fee or charge to be paid.

(3) Any information, evidence, fee or charge to be provided or paid under subsection (2) must be provided or paid within 21 days or such longer period as may be specified by the Accountant in Bankruptcy.

(4) The Accountant in Bankruptcy may refuse to award sequestration if, after the expiry of the period referred to in subsection (3), the Accountant in Bankruptcy considers that—

(a) the application remains incomplete,

(b) the debtor has provided insufficient information or evidence under subsection (2)(a) or (b), or

(c) any fee or charge applicable to the application remains outstanding.

11B Refusal of debtor application: inappropriate application

(1) This section applies where a debtor application is made and the Accountant in Bankruptcy considers that an award of sequestration may not be appropriate in the circumstances of the case.

(2) The Accountant in Bankruptcy must specify by notice in writing to the debtor—

(a) the reason why the Accountant in Bankruptcy considers the application may not be appropriate, and

(b) any further information which is to be provided within 21 days or such longer period as may be specified by the Accountant in Bankruptcy.

(3) The Accountant in Bankruptcy may refuse to award sequestration if, after the expiry of the period referred to in subsection (2), the Accountant in Bankruptcy remains of the view that an award of sequestration would be inappropriate in the circumstances of the case.”.