Bankruptcy (Scotland) Act 2016

177 Sequestration petition by qualified creditor

(1) A qualified creditor who is not a notified creditor or who has notified the trustee of objection to the trust deed within the relevant period may—

(a) not later than 5 weeks after the date of registration under section 169 of the notice mentioned in that section, or

(b) at any time if the creditor avers that the provision for distribution of the estate is, or is likely to be, unduly prejudicial to a creditor or class of creditors,

present a petition to the sheriff for sequestration of the debtor’s estate.

(2) Subsection (1)(b) is subject to section 13(2)(a).

(3) The sheriff may award sequestration in pursuance of—

(a) subsection (1)(a), only if satisfied that to do so would be in the best interests of the creditors, and

(b) subsection (1)(b), only if satisfied that the creditor’s averment is correct.