The Bankruptcy (Scotland) Regulations 2008

  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Interpretation

  4. 3.Forms

  5. 4.Claims in foreign currency

  6. 5.Conversion of foreign currency claims

  7. 6.Interest on claims in sequestration

  8. 7.Premium of bond of caution

  9. 8.Definition of “associate”

  10. 9.Application of the 1985 Act to limited partnerships

  11. 10.Preference for remuneration of employees, etc.

  12. 11.Notice of sequestration in Edinburgh Gazette by trustee

  13. 12.Debt Advice and Information Pack

  14. 13.Apparent Insolvency/Creditor Debt Threshold

  15. 14.Debtor Applications

  16. 15.Debtor applications/low income, low assets

  17. 16.Report where no statutory meeting called

  18. 17.Trustee Resignation Application

  19. 18.Income Payment Agreements

  20. 19.Abandonment of Heritable Property by Trustee

  21. 20.Debtor’s requirement to give account of state of affairs

  22. 21.Revocations

  23. 22.Saving Provisions

  24. Signature

    1. SCHEDULE

      LIST OF FORMS

      1. Form No. Purpose

      2. 1. Statutory Demand for Payment of Debt

      3. 2. Oath by Creditor

      4. 3. Statement of Assets and Liabilities – Petition by creditor or trustee under a trust deed

      5. 4. Statement of Claim by Creditor

      6. 5. Notice by Replacement Trustee in the Edinburgh Gazette of Confirmation in Office

      7. 6. Notice by Trustee in the Edinburgh Gazette of Public Examination of the Debtor or a Relevant Person

      8. 7. Certificate of Discharge of Debtor

      9. 8. Acceptance or Rejection by Creditor of an Offer of Composition

      10. 9. Debtor Application without Concurrence

      11. 10. Debtor Application with Concurrence

      12. 11. Debtor Application (Trusts, Partnership etc.)

      13. 12. Statement of Assets and Liabilities for Debtor Application

      14. 13. Form of undertaking to act as trustee in sequestration on the application of a debtor

      15. 14. Form of Schedule of Award of Sequestration on Application by Debtor

      16. 15. Form of refusal of Award of Sequestration

      17. 16. Notice of Award of Sequestration to the Keeper of the Registers of Scotland

      18. 17. Statutory Declaration of Low Income and Low Assets

      19. 18. Report to the Accountant in Bankruptcy where no statutory meeting called

      20. 19. Application to resign from office as Trustee in Sequestration

      21. 20. Income Payment Agreement

      22. 21. Notice of Abandonment of Heritable Property by Trustee in Sequestration

      23. 22. Notice of Abandonment of Heritable Property where the Accountant in Bankruptcy is the Trustee in Sequestration

      24. 23. Debtor’s Account of Current State of Affairs

  26. Explanatory Note