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Bankruptcy (Scotland) Act 1985 (repealed)
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[F154ADischarge where Accountant in Bankruptcy the trusteeU.K.
(1)This section applies where the Accountant in Bankruptcy is the trustee.
(2)The Accountant in Bankruptcy may discharge the debtor at any time after the date which is 12 months after the date on which sequestration is awarded by granting a certificate of discharge in the prescribed form.
(3)The Accountant in Bankruptcy must, as soon as is practicable after the date which is 12 months after the date on which sequestration is awarded—
(a)decide whether to discharge the debtor under subsection (2),
(b)notify the debtor and every creditor known to the Accountant in Bankruptcy of that decision, and
(c)send a report to those persons.
(4)The report must give an account of—
(a)the debtor’s assets, liabilities, financial affairs and business affairs,
(b)the debtor’s conduct in relation to those assets, liabilities, financial affairs and business affairs,
(c)the sequestration, and
(d)the debtor’s conduct in the course of the sequestration, including compliance with the statement of undertakings.
(5)Subsection (6) applies where—
(a)the Accountant in Bankruptcy refuses to discharge the debtor under subsection (2), and
(b)the debtor is not otherwise discharged.
(6)The Accountant in Bankruptcy must, as soon as is practicable after the date which is 12 months after the date of the refusal—
(a)decide whether to discharge or refuse to discharge the debtor under subsection (2),
(b)notify the debtor and every creditor known to the Accountant in Bankruptcy of that decision, and
(c)send a report giving an account of the matters mentioned in subsection (4) to those persons.
(7)A discharge under this section must not take effect before the end of the period of 14 days beginning with the day of notification of the decision.]
Textual Amendments
F1Ss. 54-54B substituted for s. 54 (30.6.2014 for specified purposes, 1.4.2015 in so far as not already in force) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), ss. 17, 57(2); S.S.I. 2014/172, art. 2, sch.; S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)
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