Petitions for sequestration
10 Concurrent proceedings for sequestration or analogous remedy.
1
If, in the course of sequestration proceedings, the petitioner for sequestration, the debtor or a creditor concurring in the petition (the petition in such proceedings being hereafter in this section referred to as the “instant petition”), is, or becomes, aware that—
a
another petition for sequestration of the debtor’s estate is before a court or such sequestration has been awarded; or
b
a petition for the appointment of a judicial factor on the debtor’s estate is before a court or such a judicial factor has been appointed; or
F1c
d
an application for an analogous remedy in respect of the debtor’s estate is proceeding or such an analogous remedy is in force,
he shall as soon as possible bring that fact to the notice of the court to which the instant petition was presented.
2
If a petitioner (not being the debtor) or a creditor concurring in the petition fails to comply with subsection (1) above, he may be made liable for the expenses of presenting the petition for sequestration; and, if the debtor fails to comply with subsection (1) above, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
3
Where in the course of sequestration proceedings any of the circumstances mentioned in paragraph (a), (b) or (c) of subsection (1) above exists then—
a
the court to which the instant petition was presented may, on its own motion or at the instance of the debtor or any creditor or other person having an interest, allow that petition to proceed or may sist or dismiss it; or
b
without prejudice to paragraph (a) above, the Court of Session may, on its own motion or on application by the debtor or any creditor or other person having an interest, direct the sheriff before whom the instant petition is pending, or the court before which the other petition is pending, to sist or dismiss the instant petition or, as the case may be, the other petition, or may order the petitions to be heard together.
4
Where in respect of the same estate—
a
a petition for sequestration is pending before a court; and
b
an application for an analogous remedy is proceeding or an analogous remedy is in force,
the court, on its own motion or at the instance of the debtor or any creditor or other person having an interest, may allow the petition for sequestration to proceed or may sist or dismiss it.
5
In this section “analogous remedy” means a bankruptcy order under the M2Bankruptcy Act 1914 or under the M3Insolvency Act 1985 or an administration order under section 112 of the M4County Courts Act 1984 in England and Wales or under any enactment having the like effect in Northern Ireland or a remedy analogous to either of the aforesaid remedies, or to sequestration, in any other country.