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United Kingdom
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SBP Law

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Acquirenda meaning

What does Acquirenda mean?
In Scottish bankruptcy (sequestration), acquirenda are assets or rights a debtor obtains after sequestration that can vest in the trustee in sequestration for a fixed four-year period from the sequestration date. The concept is rooted in Scottish bankruptcy legislation (now consolidated in the Bankruptcy (Scotland) Act 2016), reflecting reforms effective from 1 April 2015; before that date, the acquirenda period generally ended on discharge. Typical acquirenda include inheritances, gifts, lottery or prize wins, refunds and some damages or compensation received within the four-year window. Ordinary earnings are dealt with separately through debtor contribution orders, and property that is exempt from vesting remains outside the estate. The practical significance is that the trustee may claim, require delivery of and realise acquirenda for the benefit of creditors. Jurisdictional note: “Acquirenda” is a Scots law term used in sequestration. The broadly equivalent concept in England & Wales and Northern Ireland is “after-acquired property” in bankruptcy under the Insolvency Act 1986. In Ireland, similar rules apply under the Bankruptcy Act 1988, but the term “acquirenda” is not commonly used.
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PRACTICE NOTES
Glossary of Scottish Insolvency Law Terms with England and Wales Equivalents

This is a glossary of common words and expressions used in Scottish insolvency law with the nearest England and Wales insolvency law equivalent (where relevant) Absolute insolvency Meaning: When a person’s liabilities are greater than the overall worth of their assets. Nearest English equivalent: Balance sheet insolvency. Accountant in Bankruptcy (AiB) Meaning: A Scottish Government agency overseeing the regulation of personal bankruptcy (sequestration and Protected Trust Deeds) in Scotland, and able to serve as trustee in sequestrations where no insolvency practitioner is appointed. It also maintains records of corporate insolvencies in Scotland (receivership and liquidations only) but does not perform the role of Official Receiver. See Practice Note: Scotland: the Accountant in Bankruptcy. Nearest English equivalent: N/A. Accountant of Court Meaning: A court-appointed officer within Scottish Courts and Tribunals who administers funds consigned to the Accountant of Court pursuant to a Court of Session interlocutor or during liquidation proceedings. They oversee Judicial Factors or Administrators appointed by the Court to manage estates...

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