The Bankruptcy (Applications and Decisions) (Scotland) Regulations 2014

Recall of sequestration by Accountant in Bankruptcy

9.—(1) Where the statement of the debtor’s affairs is not submitted in accordance with section 17B(3)(a) of the Act (recall where the only ground is that the debtor has paid or is able to pay debts in full)(1), the application is not to be considered by the Accountant until it is submitted.

(2) Where paragraph (1) applies the Accountant may make inquiries under regulation 6.

(3) The Accountant must send to the persons listed in section 17A(2) of the Act a copy of the Accountant’s decision under section 17D(1) or 17E(6) of the Act.

(4) The Accountant must send with any notification under section 17E(2) of the Act (recall where the only ground is that debtor has paid or is able to pay the debtor’s debts in full: Accountant acting as trustee)(2)—

(a) a statement of the debtor’s affairs; and

(b) a copy of the application for recall,

and advise the recipients of the period for making representations under section 17E(5)(a) of the Act.

(5) Where the Accountant gives notification under section 17E(2) of the Act, the Accountant must also notify any other interested person, informing the recipient that the person has the right to make representations to the Accountant in relation to the application before the expiry of the period of 21 days beginning with the day on which the notice is given.

(6) Where recall is under consideration (including on a review application), and sequestration is recalled by the Accountant, the Accountant must at that time consider whether to annul under section 56J(4) of the Act(3) any bankruptcy restrictions order (or interim order) in effect in relation to the debtor.

(7) Where an original review decision is amended or revoked on review, the Accountant must send a certified copy of the revised decision to the Keeper of the Register of Inhibitions for recording in that register.

(1)

Sections 17A, 17B and 17E are inserted by section 27 of the 2014 Act.

(2)

Section 17A is inserted by section 27 of the 2014 Act.

(3)

Section 56J(4) is inserted by section 33(8) of the 2014 Act.