Act of Sederunt (Bankruptcy Rules) 1993

Withdrawal of certificate for summary administration

5.—(1) An application under section 23A(5) of the 1985 Act for the withdrawal of a certificate for the summary administration of the sequestration of the debtor’s estate shall be in Form 6, and shall be intimated, by means of the recorded delivery service, by the applicant to the persons referred to in section 23A(5) of the 1985 Act.

(2) A person receiving intimation under paragraph (1) above who wishes to object to the application must do so by letter to the sheriff clerk within 14 days of date of intimation.

(3) The permanent trustee shall, within 42 days of date of intimation to him of an application under section 23A(5) of the 1985 Act–

(a) lodge in court a report under section 23A(6) of the 1985 Act; and

(b) send a copy of that report to the Accountant in Bankruptcy and the debtor.

(5) The sheriff, on considering the application and any written objections which have been received by the court, may fix a hearing.

(6) The sheriff clerk shall intimate the court’s decision to the applicant, who without delay shall intimate that decision to the persons referred to in section 23A(5) of the 1985 Act.