GORDON ALASTAIR MILNE FOR RECALL OF HIS SEQUESTRATION [2012] ScotSC 62 (14 May 2012)

GORDON ALASTAIR MILNE FOR RECALL OF HIS SEQUESTRATION [2012] ScotSC 62 (14 May 2012)

The petition for recall of sequestration was refused because the petitioner failed to establish any relevant legal or factual basis for recall. The statutory and contractual requirements for sequestration were met, the petitioner had not challenged the guarantees or charges before sequestration, and the DAS intimation did not preclude sequestration. There were no circumstances justifying recall under s.17(1) of the Bankruptcy (Scotland) Act 1985.

Citation
[2012] ScotSC 62
Parties
Petitioner: Gordon Alastair Milne; First Respondent: John Montague (Trustee); Second Respondent: Bank of Scotland
Jurisdiction
Scotland
Judgment Date
14 May 2012
Procedural Posture
Petition for Recall of Sequestration / Final Hearing and Judgment
Outcome
Petition for recall of sequestration refused.
Legal Topics
Recall of Sequestration, Personal Guarantees, Debt Arrangement Scheme (das), Procedural Requirements for Sequestration, Trustee Conduct
Insolvency Bankruptcy Recall of Sequestration Personal Guarantees Debt Arrangement Scheme (das) Procedural Requirements for Sequestration Trustee Conduct

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Parties

Gordon Alastair Milne

Petitioner

John Montague (Trustee)

First Respondent

Bank of Scotland

Second Respondent

Procedural Posture

Petition for Recall of Sequestration / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the sequestration of the petitioner should be recalled under s.17(1) of the Bankruptcy (Scotland) Act 1985
  2. 2 Whether procedural or substantive defects in the sequestration process justify recall
  3. 3 Whether the Debt Arrangement Scheme (DAS) application or intimation precluded sequestration

Ratio Decidendi

The petition for recall of sequestration was refused because the petitioner failed to establish any relevant legal or factual basis for recall. The statutory and contractual requirements for sequestration were met, the petitioner had not challenged the guarantees or charges before sequestration, and the DAS intimation did not preclude sequestration. There were no circumstances justifying recall under s.17(1) of the Bankruptcy (Scotland) Act 1985.

Court Disposition

Petition for recall of sequestration refused.

Orders

  • Petition refused.
  • Petitioner found liable in expenses to each respondent as taxed.