Bankruptcy (Scotland) Act 1985 (repealed)
Bankruptcy (Scotland) Act 1985 (repealed) (1985 c. 66)
- Bankruptcy (Scotland) Act 1985 (repealed) (1985 c. 66)
- Administration of bankruptcy
- 1 Accountant in Bankruptcy.
- 1A Supervisory functions of the Accountant in Bankruptcy.
- 1B Performance of certain functions of the Accountant in Bankruptcy.
- 1C Directions.
- 1D Conduct of proceedings in the sheriff court
- 2 Appointment and functions of the trustee in the sequestration
- 3 Functions of the trustee
- 3A Application to Accountant in Bankruptcy for a direction
- 4 Commissioners.
- Moratorium on diligence
- 4A Notice of intention to apply: debtor application etc.
- 4B Notice of intention to apply: sequestration of estate under section 6
- 4C Moratorium on diligence
- 4D Period of moratorium
- Petitions for sequestration
- 5 Sequestration of the estate of living or deceased debtor.
- 5A Debtor applications by low income, low asset debtors
- 5B Certificate for sequestration
- 5C Money advice
- 5D Assessment of debtor’s contribution
- 6 Sequestration of other estates.
- 6A Petition for sequestration of estate: provision of information
- 6B Debtor application: provision of information
- 7 Meaning of apparent insolvency.
- 8 Further provisions relating to presentation of petitions.
- 8A Further provisions relating to debtor applications
- 9 Jurisdiction.
- 10 Duty to notify existence of concurrent proceedings for sequestration or analogous remedy
- 10A Powers in relation to concurrent proceedings for sequestration or analogous remedy
- 11 Creditor’s oath.
- Award of sequestration and appointment and resignation of interim trustee
- 11A Debtor application: incomplete application
- 11B Refusal of debtor application: inappropriate application
- 12 When sequestration is awarded.
- 13 Resignation, removal etc. of interim trustee.
- 13A Termination of interim trustee's functions where not appointed as trustee
- 13B Termination of Accountant in Bankruptcy's functions as interim trustee where not appointed as trustee
- 14 Registration of warrant or determination of debtor application
- 15 Further provisions relating to award of sequestration.
- 16 Petitions for recall of sequestration.
- 17 Recall of sequestration by sheriff.
- 17A Application to Accountant in Bankruptcy for recall of sequestration
- 17B Application under section 17A: further procedure
- 17C Determination of outlays and remuneration
- 17D Recall of sequestration by Accountant in Bankruptcy
- 17E Recall where Accountant in Bankruptcy the trustee
- 17F Reference to sheriff
- 17G Recall of sequestration by Accountant in Bankruptcy: review and appeal
- Initial stages of sequestration
- 18 Interim preservation of estate.
- 19 Statement of assets and liabilities etc.
- 20 Trustee’s duties on receipt of list of assets and liabilities.
- 20A Statutory meeting.
- Statutory meeting of creditors and trustee vote
- 21 Calling of statutory meeting.
- 21A Calling of statutory meeting
- 21B Procedure where no statutory meeting called.
- 22 Submission of claims for voting purposes at statutory meeting.
- 23 Proceedings at statutory meeting before trustee vote
- 23A Summary administration.
- 24 Trustee vote
- 25 Appointment of replacement trustee
- 25A Applications to Accountant in Bankruptcy: procedure
- 25B Applications and appeals to sheriff: procedure
- 26 Provisions relating to termination of original trustee's functions
- 26A Accountant in Bankruptcy to account for intromissions.
- 27 Discharge of original trustee
- Replacement of trustee
- 28 Resignation and death of trustee
- 28A Replacement of trustee acting in more than one sequestration
- 28B Determination etc. under section 28A: review
- 29 Removal of trustee and trustee not acting
- Election, resignation and removal of commissioners
- 30 Election, resignation and removal of commissioners.
- Vesting of estate in trustee
- 31 Vesting of estate at date of sequestration.
- 31ZA Proceedings under EC Regulation: modified definition of “estate”
- 31A Property subject to restraint order
- 31AA Property released from detention
- 31B Property in respect of which receivership or administration order is made
- 31BA Property in respect of which realisation order made
- 31C Property subject to certain orders where confiscation order discharged or quashed
- 32 Vesting of estate, and dealings of debtor, after sequestration.
- 32A Debtor contribution order
- 32B Debtor contribution order: payment period and intervals
- 32C Debtor contribution order: review and appeal
- 32D Effect of debtor contribution order
- 32E Deductions from debtor’s earnings and other income
- 32F Variation and removal of debtor contribution order by trustee
- 32G Payment break
- 32H Sections 32F and 32G: review and appeal
- 33 Limitations on vesting.
- Safeguarding of interests of creditors of insolvent persons
- 34 Gratuitous alienations.
- 35 Recalling of order for payment of capital sum on divorce.
- 36 Unfair preferences.
- 36A Recovery of excessive pension contributions.
- 36B Orders under section 36A.
- 36C Orders under section 36A: supplementary.
- 36D Recovery of excessive contributions in pension-sharing cases.
- 36E Recovery orders.
- 36F Recovery orders: supplementary.
- Effect of sequestration on diligence
- 37 Effect of sequestration on diligence.
- Administration of estate by trustee
- 38 Taking possession of estate by trustee
- 39 Management and realisation of estate.
- 39A Debtor's home ceasing to form part of sequestrated estate
- 40 Power of trustee in relation to the debtor's family home
- 41 Protection of rights of spouse against arrangements intended to defeat them.
- 41A Protection of rights of civil partner against arrangements intended to defeat them
- 42 Contractual powers of trustee
- 43 Money received by trustee
- 43A Debtor's requirement to give account of state of affairs
- 43B Financial education
- Examination of debtor
- 44 Private examination.
- 45 Public examination.
- 46 Provisions ancillary to sections 44 and 45.
- 47 Conduct of examination.
- Submission and adjudication of claims
- 48 Submission of claims to trustee
- 49 Adjudication of claims.
- Entitlement to vote and draw dividend
- 50 Entitlement to vote and draw dividend.
- Distribution of debtor’s estate
- 51 Order of priority in distribution.
- 52 Estate to be distributed in respect of accounting periods.
- 53 Procedure after end of accounting period.
- 53A Modification of procedure under section 53 where Accountant in Bankruptcy is trustee
- Discharge of debtor
- 54 Discharge where Accountant in Bankruptcy not the trustee
- 54A Discharge where Accountant in Bankruptcy the trustee
- 54B Discharge of debtor: review and appeal
- 54C Debtor to whom section 5(2ZA) applies: discharge
- 54D Deferral of discharge where debtor cannot be traced
- 54E Debtor not traced: new trustee
- 54F Debtor not traced: subsequent debtor contact
- 54G Subsequent debtor contact: review and appeal
- 55 Effect of discharge under section 54.
- 55A Discharge under section 54C: conditions
- 55B Section 55A: sanctions
- 56 Discharge on Composition.
- Bankruptcy restrictions orders and undertakings
- 56A Bankruptcy restrictions order
- 56B Grounds for making order
- 56C Application of section 67(9)
- 56D Timing for making an order
- 56E Duration of order and application for annulment
- 56F Interim bankruptcy restrictions order
- 56G Bankruptcy restrictions undertaking
- 56H Bankruptcy restrictions undertakings: application of section 67(9)
- 56J Effect of recall of sequestration
- 56K Effect of discharge on approval of offer of composition
- Discharge of trustee
- 57 Discharge of trustee
- 58 Unclaimed dividends.
- 58A Discharge of Accountant in Bankruptcy
- 58B Assets discovered after trustee discharge: appointment of trustee
- 58C Assets discovered after trustee discharge: notice
- 58D Assets discovered after trustee discharge: appeal
- Voluntary trust deeds for creditors
- 59 Voluntary trust deeds for creditors.
- 59A Application for conversion to sequestration
- 59B Contents of affidavit
- 59C Power of Accountant in Bankruptcy
- Miscellaneous and supplementary
- 60 Liabilities and rights of co-obligants.
- 60A Member State liquidator deemed creditor
- 60B Trustee’s duties concerning notices and copies of documents
- 61 Extortionate credit transactions.
- 62 Sederunt book and other documents.
- 63 Power of court to cure defects in procedure.
- 63A Power of Accountant in Bankruptcy to cure defects in procedure
- 63B Decision under section 63A: review
- 63C Review of decisions by Accountant in Bankruptcy: grounds of appeal
- 64 Debtor to co-operate with trustee
- 65 Arbitration and compromise.
- 66 Meetings of creditors and commissioners.
- 67 General offences by debtor etc.
- 68 Summary proceedings.
- 69 Outlays of insolvency practitioner in actings as interim trustee or trustee
- 69A Fees for the Accountant in Bankruptcy.
- 70 Supplies by utilities.
- 71 Edinburgh Gazette.
- 71A Further duty of Accountant in Bankruptcy
- 71B Disqualification provisions: power to make orders
- 71C Regulations: applications to Accountant in Bankruptcy etc.
- 72 Regulations.
- 72ZA Modification of regulation making powers
- 72A Variation of references to time, money etc.
- 73 Interpretation.
- 74 Meaning of “associate”.
- 75 Amendments, repeals and transitional provisions.
- 76 Receipts and expenses.
- 77 Crown application.
- 78 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE A1 DEBTOR TO WHOM SECTION 5(2ZA) APPLIES: APPLICATION OF ACT
- Modification of certain provisions of Act
- Accountant in Bankruptcy’s duty to consider whether paragraph 1 should cease to apply
- Procedure where Accountant in Bankruptcy considers paragraph 1 should cease to apply
- Debtor’s right of appeal against decision under paragraph 3
- Decision that paragraph 1 ceases to have effect: modification of certain provisions of Act
- SCHEDULE 1 Determination of Amount of Creditor’s Claim
- Amount which may be claimed generally
- Claims for aliment and periodical allowance on divorce
- Debts depending on contingency
- ...
- Secured debts
- Valuation of claims against partners for debts of the partnership
- Schedule 2A Modification of duties of permanent trustee in summary administration
- SCHEDULE 3 PREFERRED DEBTS
- Part I List of Preferred Debts
- Debts to Inland Revenue
- Debts due to Customs and Excise
- Social Security contributions
- Contributions to occupational pension schemes, et ceteralaetc.
- Remuneration of employees, et ceteralaetc.
- Levies on coal and steel production
- Debts owed to the Financial Services Compensation Scheme
- Deposits covered by Financial Services Compensation Scheme
- Other deposits
- Part II Interpretation of Part I
- Meaning of “the relevant date”
- Periods to which value added tax referable
- Periods to which insurance premium tax referable
- Periods to which landfill tax referable
- Periods to which climate change levy referable
- Periods to which aggregates levy referable
- Amounts payable by way of remuneration
- Meaning of scheme manager
- Meaning of eligible deposit
- Transitional Provisions
- SCHEDULE 3A INFORMATION TO BE INCLUDED IN THE SEDERUNT BOOK
- SCHEDULE 4 Discharge on Composition
- SCHEDULE 5 Voluntary Trust Deeds for Creditors
- Remuneration of trustee
- Accountant in Bankruptcy's power to carry out audit
- Registration of notice of inhibition
- Lodging of claim to bar effect of limitation of actions
- Valuation of claims
- Protected trust deeds
- Creditors not acceding to protected trust deed
- SCHEDULE 6 MEETINGS OF CREDITORS AND COMMISSIONERS
- Part I Meetings of creditors other than the statutory meeting
- Calling of meeting
- Role of . . . trustee at meeting
- Appeals
- Part II All Meetings of Creditors
- Validity of proceedings
- Locus of meeting
- Mandatories
- Quorum
- Voting at meeting
- Objections by creditors
- Adjournment of meeting
- Minutes of meeting
- Part III Meetings of Commissioners
- Part I Consequential Amendments
- The Judicial Factors (Scotland) Act 1880 (c.4)
- The Judicial Factors (Scotland) Act 1889 (c.39)
- The Conveyancing (Scotland) Act 1924 (c. 27)
- ...
- The Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35)
- The Superannuation Act 1972 (c.11)
- The Prescription and Limitation (Scotland) Act 1973 (c.52)
- The Local Government (Scotland) Act 1973 (c.65)
- The Social Security Pensions Act 1975 (c.60)
- The Employment Protection (Consolidation) Act 1978 (c.44)
- The Land Registration (Scotland) Act 1979 (c.33)
- The Banking Act 1979 (c.37)
- The Estate Agents Act 1979 (c.38)
- The Value Added Tax Act 1983 (c.55)
- The Family Law (Scotland) Act 1985 (c.37)
- Part II Re-enactment of Certain Provisions of Bankruptcy (Scotland) Act 1913 (c. 20)
- Arrestments and Poindings
- Exemptions from stamp or other duties for conveyances, deeds et ceteralaetc. relating to sequestrated estates
- SCHEDULE 8 Repeals
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