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Award (of sequestration) meaning

What does Award (of sequestration) mean?
An award of sequestration is the decision that places a Scottish debtor into bankruptcy and sequestrates their estate. It is made either by the sheriff court on a creditor’s petition or by the Accountant in Bankruptcy (AiB) on a debtor’s application. On award, the debtor is declared bankrupt, a trustee in sequestration is appointed or confirmed, the debtor’s estate vests in the trustee as at the date of sequestration, and statutory restrictions on diligence and other enforcement take effect. The award also sets the procedural timetable for creditor claims, realisation and distribution. This term and its effects are established in Scottish bankruptcy legislation (including the Bankruptcy (Scotland) Act 2016 and related regulations) and long‑standing practice. “Award of sequestration” is specific to Scotland. The nearest equivalents are: a bankruptcy order in England and Wales (made by the court on a creditor’s petition or by the Adjudicator on a debtor’s application), a bankruptcy order of the High Court in Northern Ireland, and an adjudication of bankruptcy by the High Court in Ireland. Corporate bodies are not sequestrated; company insolvency is dealt with by liquidation, administration or receivership.
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View the related Practice Notes about Award (of sequestration)

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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PRACTICE NOTES
2018 appellate civil litigation: Supreme Court, Court of Appeal, Privy Council and CJEU key cases on jurisdiction, contracts, tort, privilege, injunctions, costs and enforcement

ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note compiles principal appellate cases (ie rulings of the Court of Appeal and the Supreme Court and, where applicable, selected judgments of the Court of Justice of the EU (CJEU)) that we have covered, to make it simpler for users to locate those decisions. You can navigate the material via the collapsible table of contents on the left-hand margin and/or by using the hyperlinks listed below. The cases are arranged under these headings: Key DR Developments Brexit Applicable law Rome I Jurisdiction Jurisdiction and choice of court agreements Stays and disputing the court’s jurisdiction Brussels I (EC regulation) Brussels I (recast) (EU regulation) Service Service in the jurisdiction Service...

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