Notes for Guidance - Bankruptcy (Scotland) Act 2016 (as amended)

This section refers to Part 7 of the Act, sections 98 to 107.

The trustee should weigh up the benefit to creditors prior to instigating any of the following actions and consider:

• the amount that may be ingathered to the estate following the deduction of any legal or court costs
• can an agreement be reached between the parties which negates the need for court costs
• would a creditor consider underwriting the costs to ingather the funds