This Practice Note: • considers the position in Scotland. For guidance on: ◦ the equivalent in England and Wales, see: Introduction to enforcement—overview which, as well...
This Practice Note considers the position in Scotland. For guidance on: • other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish...
This Practice Note considers the position in Scotland. For guidance on: • the equivalent in England and Wales, see: Introduction to enforcement—overview which, as well as...
This Practice Note considers the position in Scotland. For guidance on: • other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish...
This Practice Note considers the position in Scotland. For guidance on: • the equivalent in England and Wales, see: Introduction to enforcement—overview which, as well as...
In the majority of sequestrations where the debtor has assets these will include the debtor's home (see Practice Note: Scotland: the process for applying for...
For any insolvency process to operate effectively, it is essential the person appointed to wind-up the insolvent estate has powers that enable them to scrutinise dealings...
This Practice Note relates to insolvent partnerships and limited partnerships in Scotland, by which it is meant: • ordinary partnerships: with a principle place of...
Entities that may be sequestrated or liquidated A creditor can petition the court for the bankruptcy (also referred to as sequestration) of a debtor under the Bankruptcy...
Trust deeds have, for many years, been utilised by debtors as a means of reaching a compromise with their creditors as an alternative to formal sequestration (see...
The office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but...
The Debt Arrangement Scheme (DAS) is a statutory scheme that is designed to allow certain categories of debtor to repay their debts over an extended period of time by...
Sequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee...
Recovery orders This Practice Note outlines the Scottish procedure for obtaining a civil recovery order under the Proceeds of Crime Act 2002 (POCA 2002). For details on...
Produced in partnership with Rachel Oliphant of Pinsent Masons LLP 1 Individual 1.1 Individual or sole trader party designation clause [insert full name of party] of...