DIRECTIONS BY DONALD IAIN McNAUGHT TRUSTEE ON THE SEQUESTRATED ESTATES OF GARY BROWN [2009] ScotSC 156 (15 October 2009)

DIRECTIONS BY DONALD IAIN McNAUGHT TRUSTEE ON THE SEQUESTRATED ESTATES OF GARY BROWN [2009] ScotSC 156 (15 October 2009)

It is an appropriate act of administration for the trustee to seek repayment of sums received from the debtor on or after 15 October 2008, and to invite affected parties to submit claims in the sequestration, in accordance with the statutory framework. The sheriff's power to give directions is broad but does not extend to finally determining rights and liabilities where the 1985 Act prescribes specific procedures.

Citation
[2009] ScotSC 156
Parties
Trustee/applicant: Donald Iain McNaught; Debtor/respondent: Gary Brown
Jurisdiction
Scotland
Judgment Date
15 October 2009
Procedural Posture
Note for Directions in Sequestration / Application for Directions Under S.3(6) Bankruptcy (scotland) Act 1985
Outcome
Directions granted
Legal Topics
Sequestration, Trustee Powers, Voidable Transactions, Set Off, Creditor Claims
Insolvency Bankruptcy Sequestration Trustee Powers Voidable Transactions Set Off Creditor Claims

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Parties

Donald Iain McNaught

Trustee/applicant

Gary Brown

Debtor/respondent

Procedural Posture

Note for Directions in Sequestration / Application for Directions Under S.3(6) Bankruptcy (scotland) Act 1985

Legal Issues

  1. 1 Whether the trustee should seek repayment of sums received from the debtor on or after the date of sequestration (15 October 2008)
  2. 2 How to treat creditor claims and set off in relation to pre- and post-sequestration debts
  3. 3 Scope of the sheriff's power to give directions under s.3(6) of the 1985 Act

Ratio Decidendi

It is an appropriate act of administration for the trustee to seek repayment of sums received from the debtor on or after 15 October 2008, and to invite affected parties to submit claims in the sequestration, in accordance with the statutory framework. The sheriff's power to give directions is broad but does not extend to finally determining rights and liabilities where the 1985 Act prescribes specific procedures.

Court Disposition

Directions granted

Orders

  • It is an appropriate act of administration for the trustee to seek payment of sums received from the debtor on or after 15 October 2008.
  • The expenses of this Note shall be expenses in the sequestration.