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Changes to forms

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Changes to forms

   1 July 2008

Many of the forms used in bankruptcy and protected trust deeds have changed since bankrptcy reform. Below is a list of the old forms, their new equivalents and which set of Statutory Instruments they can be found in.

Part 1 Old Forms NB these forms will remain in force for old cases.

A Forms in the Bankruptcy (Scotland) Regulations 1985

Name of Form

Old No.

New No.

Where has it gone?

Statutory Demand for Payment

1

1

Bankruptcy (Scotland) Regulations 2008

Oath by Creditor

2

2

Repealed

3

-

This Form was repealed in 1993

Statement of the assets and liabilities

4

3 and 12

Bankruptcy (Scotland) Regulations 2008

Statement of claim by creditor

5

4

Notice in Edinburgh Gazette (Repealed)

6

5

Notice in Edinburgh Gazette of public examination

7

6

Certificate of discharge of debtor

8

7

Acceptance of an offer of composition.

9

8

Notice in Edinburgh Gazette by trustee under a trust deed

10

1

Protected Trust Deed (Scotland) Regulations 2008

Statement of realisation and distribution of estate under a protected trust deed.

11

7



B Forms in the Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996

Name of Form

Old No.

New No.

Where has it gone?

Debtor's petition with concurrence

1

10 and 11

Bankruptcy (Scotland) Regulations 2008

Debtor's petition without concurrence

2

9

Petition by qualified creditor(s)

3

1

Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008

Petition by a temporary administrator etc

3A

2

Petition by a trustee under a trust deed

4

3

Undertaking required by section 2(3)(c)

5

4 and 13

Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008 (Form 4) and Bankruptcy (Scotland) Regulations 2008 (Form 13)

Application for a certificate for summary administration

6

-

COSA is repealed by section 28 of the Bankruptcy and Diligence etc. (Scotland) Act 2007

Certificate for summary administration

7

-

Application for withdrawal of certificate for summary administration

8

-

Application for an order for a contribution from the debtors income

9

5

Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008

Application for variation or recall of an order made under section 32

10

5

Memorandum to be recorded in the Register of Inhibitions and Adjudications

11

7

Act and warrant on confirmation or appointment of trustee

12

-

This form is no longer required

Notice of inhibition by trustee under trust deed

13

8

Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008

Notice of recall of inhibition

14

9

Report by the interim trustee under section 21B

15

18

Bankruptcy (Scotland) Regulations 2008

Report by the Accountant in Bankruptcy under section 24

16

10

Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008

Report by the interim trustee under section 24

17

11

Report by the interim trustee and application for confirmation of election

18

-

This form is no longer required

Statement to be lodged by creditor

19

12

Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008

Statement to be lodged by concurring creditor

20

-

This form is no longer required



Part 2 New Forms introduced from 1 April 2008

C Forms in the Bankruptcy (Scotland) Regulations 2008

Name of Form

New No.

Old No.

Where does it come from?

Statutory Demand for Payment of Debt

1

1

Bankruptcy (Scotland) Regulations 1985

Oath by Creditor

2

2

Statement of Assets and Liabilities for Petitions

3

4

Statement of Claim by Creditor

4

5

Notice by Replacement Trustee in the Edinburgh Gazette

5

6

Notice by Trustee in the Edinburgh Gazette of Public Examination

6

7

Certificate of Discharge of Debtor

7

8

Acceptance of an Offer of Composition

8

9

Debtor Application without Concurrence

9

2

Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996

Debtor Application with Concurrence

10

1

Debtor Application (Trusts, Partnership etc.)

11

1

Statement of Assets and Liabilities for Debtor Application

12

4

Bankruptcy (Scotland) Regulations 1985

Undertaking to act as trustee in sequestration

13

5

Schedule of Award of Sequestration

14

-

These are new Forms

Refusal of Award of Sequestration

15

-

Notice of Award to the Keeper of the Registers of Scotland

16

-

Statutory Declaration of LILA

17

-

Report to the AiB where no statutory meeting called

18

15

Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996

Application to resign from office as Trustee

19

-

These are new Forms

Income Payment Agreement

20

-

Notice of Abandonment of Heritable Property

21

-

Notice of Abandonment of Heritable Property (AiB)

22

-

Account of Current State of Affairs

23

-

This is a new Form based on the Current Status Report



D Forms in the Protected Trust Deed (Scotland) Regulations 2008

Name of Form

New No.

Old No.

Where does it come from?

Notice in Edinburgh Gazette

1

10

Bankruptcy (Scotland) Regulations 1985

Statement of claim by creditor

2

-

These are new Forms

Statement of anticipated realisations

3

-

Statement of status

4

-

Letter of discharge of debtor

5

-

Trustee's application for discharge

6

-

Trustee's statement of realisation and distribution of estate

7

11

Bankruptcy (Scotland) Regulations 1985



E Forms in the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008

Name of Form

New No.

Old No.

Where does it come from?

Petition by qualified creditor(s)

1

3

Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996

Petition by a temporary administrator, etc

2

3A

Petition by a trustee under a trust deed

3

4

Undertaking required by section 2(3)(c)

4

5

Application to Court

5

9 and 10

Note of appeal to sheriff

6

-

This is a new Form

Memorandum by trustee to be recorded in the Register of Inhibitions

7

11

Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996

Notice of inhibition by trustee under trust deed

8

13

Notice of recall of inhibition

9

14

Report by the Accountant in Bankruptcy

10

16

Report by the original trustee

11

17

Statement to be lodged by creditor in petitioning for sequestration

12

19