We use cookies to collect anonymous data to help us improve your site browsing experience.

Click 'Accept all cookies' to agree to all cookies that collect anonymous data. To only allow the cookies that make the site work, click 'Use essential cookies only.' Visit 'Set cookie preferences' to control specific cookies.

Set cookie preferences

Your cookie preferences have been saved. You can change your cookie settings at any time.

Accountant in Bankruptcy
Publication - Notes for Guidance

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

First published
1 November 2021
Last updated
13 November 2025 - see all updates
Topic
Bankruptcy

This guidance describes the general functions of Accountant in Bankruptcy, interim trustees, trustees and commissioners in relation to their responsibilities regarding bankruptcies which started on or after 30 November 2016.

Downloadable version

14.2 Debtor fails to co-operate: Accountant in Bankruptcy appointment as new trustee (S147A)

In cases where the debtor is not co-operating and the trustee is unable to recommend discharge of the debtor as per section 14.1 of this guidance, the trustee may apply to AiB for authority to resign office on account of the debtor’s failure to co-operate, resulting in the debtor being un-discharged indefinitely and AiB becoming the trustee.

The legislative conditions of submitting an application are:

  • a period of 5 years must first have passed, beginning with the date of sequestration
  • the trustee has not been able to carry out their statutory functions due to the non-cooperation of the debtor
  • that the failure is likely to continue
  • the trustee has made reasonable efforts to secure that cooperation

Reasonable efforts to secured the co-operation of the debtor are set out in section 14.3 of this guidance. 

First published
Monday, 1 November 2021
Last updated
Thursday, 13 November 2025 -
All updates

  1. update to team contact details following delivery branch restructure.

  2. update to section 12.4.1 in relation to council tax.

  3. update to the discharge of debtor - actions of the trustee section.

  4. Update to section 14.3 including the addition of the S147A proforma

  5. Amendment to 8.7.2 Quashing a DCO – review and appeal section

  6. Update to section 14.3 and 14.4

  7. Downloadable word version of the Notes for Guidance to cover the June amendments have been added.

  8. update to section 14.3.

  9. Changes to the following sections: 1.4 1.6 2.5 2.6 5.2 5.6 8.3 8.4 8.6 8.7 8.8 10.3 12.7 12.8 13 13.2 13.6 – 13.17 14 -14.8 16 16.5 18.3

  10. Changes to AiB team names. Sections 12.2.1, 12.3, 12.5, 13.10, 13.13.1, 13.14 amended. Section 13.12.10 added

  11. Supporting document added to website

  12. Published on website

  13. Amended sections 2.2, 12.7.2, 12.8.2, 13.6, 13.9, 13.12, 13.13, 13.14, 16.5, 18.5.1

  14. Published

Back to top