AiB 5 - Petitions - Page 9

APPENDIX B

FORM 3

Form of petition by qualified creditor[s] under section 5(2)(b) of the Bankruptcy (Scotland) Act 1985

SHERIFFDOM OF ___________________________________________________________________________

AT ______________________________________________________________________________________

Court Reference No.: _______________________________________________________________________

PETITION of [ insert name and address of petitioner]

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Petitioner(s)

against [ insert name and address of debtor]

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*trading as [ insert name and address of business]

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Respondent

The petitioner(s) crave(s) the court:

1. To grant warrant to cite the respondent to appear before the court on such date as shall be specified in the warrant, being a date not less than 6 nor more than 14 days after the date of citation, to show cause why sequestration of his estate should not be granted.

2. To award sequestration of the estate of the respondent.

3. To declare that the said estate belongs to the creditors of the respondent.

4. To appoint [ insert name, designation and address of interim trustee]

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*[or alternatively the Accountant in Bankruptcy] as interim trustee [where applicable] *forthwith.

5. To make such other and further orders as may seem appropriate to the court.

6. To find the petitioner(s) entitled to the expenses of this application out of the respondent's estate.

Statement of facts

1. The petitioner(s)* is (or are) as designed in the instance. The respondent habitually resides *and/or had an

established place of business within the Sheriffdom in the year immediately preceding the date of

presentation of this petition, and the court accordingly has jurisdiction.

1A. As far as is within the knowledge of the petitioner:

*a) the debtor has his centre of main interests or an establishment in the United Kingdom as defined in the EC Regulation on insolvency proceedings;

*b) the debtor has his centre of main interests or an establishment as defined above in a Member state other than the United Kingdom;

*c) the debtor has neither his centre of main interests nor an establishment in the United Kingdom nor in a Member state other than the United Kingdom.

2. The petitioner(s) *is/are a qualified *creditor/creditors of the respondent to the extent of £……. as evidenced in the oath/s by creditor/s and supporting vouchers attached.

Attached is a statement by each of the petitioning creditors stating that the debtor of the debt in relation to which the petitioning creditor is petitioning is not the subject of an approved debt payment programme within the meaning of section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002 or the debtor to which the petition relates is in an approved debt payment programme but the debt in relation to which he is petitioning is not of a class covered by section 4(5)(b) of that Act.

3. The respondent has been rendered apparently insolvent by virtue of [narrate appropriate ground founded on in terms of section 7 of the Bankruptcy (Scotland) Act 1985] and that within four months of the presentation of this petition.

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4. In order to realise the estate of the respondent for the benefit of his creditors, the petitioner(s)* is/are under the necessity of applying to the court for the sequestration of the respondent's estate in terms of the Bankruptcy (Scotland) Act 1985.

5. [ Insert name of interim trustee] satisfies the conditions specified in section 2(3) of the Bankruptcy (Scotland) Act 1985 and his undertaking as required by section 2(3)(c) of that Act is attached. [ or alternatively if no nomination of interim trustee - The petitioner(s) accepts that the Accountant in Bankruptcy will be interim trustee in the sequestration.]

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[ If interim trustee to be appointed forthwith, the circumstances rendering this necessary should also be narrated].

6. A copy of this petition has been sent today to the Accountant in Bankruptcy.

Plea in law

The debtor's apparent insolvency within the meaning of the Bankruptcy (Scotland) Act 1985 being constituted within 4 months before the date of presentation of this petition and the petitioner(s) being qualified creditor(s) of the respondent in terms of section 5(4) of the said Act being entitled to the remedy sought, the orders and finding requested in the crave should be granted.

Date [ insert date of petition]

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Signed

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[signature of Petitioner(s)]

* or Solicitor for Petitioner(s)

[ insert designation and address]

*[ delete as appropriate]