F13Statutory meeting of creditors and trustee vote
25F1Appointment of replacement trustee
F2A1
This section applies where a replacement trustee is elected by virtue of a trustee vote.
1
On the election of the F3replacement trustee—
a
the F4original trustee shall forthwith make a report of the proceedings at the statutory meeting to the sheriff; and
b
the debtor, a creditor, the F4original trustee, the F3replacement trustee or the Accountant in Bankruptcy may, within 4 days after the statutory meeting, object to any matter connected with the election; and such objection shall be by summary application to the sheriff, specifying the grounds on which the objection is taken.
2
F72A
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3
If there is a timeous objection under subsection (1)(b) above, the sheriff shall forthwith give parties an opportunity to be heard thereon and shall give his decision.
4
If in his decision under subsection (3) above the sheriff—
a
rejects the objection, subsection (2) above shall apply as if there had been no timeous objection;
5
Any declaration, F11appointment or decision of the sheriff under this section shall be final, and no expense in objecting under this section shall fall on the debtor’s estate.
6
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cross-heading preceding s. 21 substituted (S.) (1.4.2008) by virtue of Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 36, 227(3), Sch. 1 para. 19 (with s. 223); S.S.I. 2008/115, art. 3(1)(i) (with arts. 4-6, 10 (as amended (with effect from 31.1.2011) by S.S.I. 2011/31, art. 5))