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Bankruptcy (Scotland) Act 2016, Paragraph 5 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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5(1)Where a creditor claims, in respect of a debt of a partnership, against the estate of one of its partners, the creditor must estimate the value of—S
(a)the debt to the creditor from the firm's estate where that estate has not been sequestrated, or
(b)the creditor's claim against that estate where it has been sequestrated,
and deduct that value from the creditor's claim against the partner's estate.
(2)The amount in respect of which the creditor is entitled to claim on the partner's estate is the balance remaining after that deduction is made.
Commencement Information
I1Sch. 2 para. 5 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2
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