MODERNISING BANKRUPTCY AND DILIGENCE IN SCOTLAND Consultation by gregory1

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									          MODERNISING BANKRUPTCY AND DILIGENCE IN
                        SCOTLAND

                                Consultation Response Paper

This response paper should be read in conjunction with the Scottish Executive’s
consultation document and draft Bill on bankruptcy and diligence reform.

It is not necessary to answer all of the questions and you can focus on those
in which you have a particular interest.

Please tick the response that most closely matches your opinion. Some questions
invite you to expand on your answer and space is provided to do so. If you wish to
do so you can also use this space to make additional comments.

Your Details

Name:                                    …………………………………………………………………

Job Title:                               ………………………………………………………………….
(if applicable)


Address:                                 ………………………………………………………………….
                                         ………………………………………………………………….
                                         ………………………………………………………………….
Postcode:                                ………………………………………………………………….

Your Organisation’s Details

Title of Organisation:                   ………………………………………………………………….
(if applicable)


Type of Organisation:                    ………………………………………………………………….
(individual, business, advice organisation,
insolvency practitioner, professional body,
legal body, statutory body)


Address:                                 ………………………………………………………………….
                                         ………………………………………………………………….
                                         ………………………………………………………………….
Postcode:                                ………………………………………………………………….




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We will make all responses available to the public in the Scottish Executive library
unless confidentiality has been requested. Responses from those who reply in
confidence will only be included within numerical totals and names and text will not
appear in the list of respondents or in any published analysis.

Confidentiality:
                                     Yes
                                     No
                                                                (Please tick appropriate response)



Deadline for Responses: 30 September 2004

Completion and Submission of Responses

We are hoping for a large number of responses. So it would be helpful to have your
response by e-mail. However to help those who want to comment but do not have e-
mail facilities we will be happy to accept written submissions too. Your two options
for completing and submitting your response are:

Email submissions: bandd@scotland.gsi.gov.uk

Written Submissions:        Branch 2
                            Civil Justice Division
                            Scottish Executive Justice Department
                            2 West, St Andrew’s House
                            Edinburgh
                            EH1 3DG

                            Telephone          0131 244 4837
                            Fax                0131 244 4848

Acknowledgements

All responses will be acknowledged either in writing or electronically.

Additional Copies of the Consultation Document and Response Paper

Further copies of the consultation document and the response document are
available from the above address or can be downloaded from the Scottish
Executive’s web site at http://www.scotland.gov.uk/bankruptcyanddiligenge and at
http://www.scotland.gov.uk/bankruptcyanddiligenge/response respectively.

[For further information, or if you would like the consultation document or this paper
in another format or language, please contact the above address. We will try to meet
your needs.]




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Bankruptcy Questions
(The question numbers correspond to those in the consultation document)




 Ref              Question              Yes       No   Don’t   Comments
                                                       know

Q7.1     Do you think a creditor
         should have to wait
         following issue of a letter
         to a debtor confirming
         grant of a summary
         warrant before they can
         submit a petition for
         bankruptcy to the sheriff
         court?

Q7.2     Should a creditor have to
         wait 28 days following
         the issue of a letter to a
         debtor confirming grant
         of a summary warrant
         before they can submit a
         petition for bankruptcy to
         the sheriff court?

Q7.3     If you think the time limit
         should      be     different
         please tell us what you
         think the limit should be,
         and why you think this.

Q7.4     What items do you think
         should be treated as an
         allowable expense when
         considering how much of
         a debtor’s income should
         be made available for
         contribution?

Q7.5     Do you think that there
         should be a specific
         formula for working out
         surplus    income   and
         contributions     which
         should apply to every
         debtor?




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 Ref           Question              Yes       No   Don’t   Comments
                                                    know
Q7.6   If you answered “no”,
       please tell us why you do
       think that there should
       not be a specific formula.

Q7.7   Do you think that the
       total credit limit applied
       to a bankrupt should be
       £1000?

Q7.8   If you answered “no”,
       why do you think this?

Q79    If you answered “no” and
       think that the limit should
       be different, what do you
       think the limit should be?

Q710   Do you think that the
       term bankruptcy is a
       preferable     term to
       sequestration?

Q711   If you answered “no”,
       could you tell us why?




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Diligence Questions
(The question numbers correspond to those in the consultation document)


 Ref            Question            Yes   No   Don’t          Comments
                                               know
Q11.1 Do you agree that court
      officers should be able to
      incorporate their business
      as a Limited Liability
      Partnership?

Q11.2 Do you agree that court
      officers should only be
      able to form partnerships
      for court officer business
      with other court officers?

Q11.3 If “no” to Q11.2, do you
      agree that non-officers
      who are partners of court
      officers      should    be
      regulated in a similar way
      to court officers?

Q11.4 If “yes” to Q11.2, do you
      agree that regulation of
      non-officers should be an
      interim measure to give
      non-officers           the
      opportunity to become
      court officers?

Q11.5 Do you agree that court
      officer firms should not be
      liable for the professional
      conduct of partners or
      court officer employees of
      the firm?

Q11.6 If “no” to Q11.5, why do
      you disagree?




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 Ref            Question              Yes       No   Don’t   Comments
                                                     know
Q11.7   Do you agree that court
        officer       accounting
        standards should be
        extended and made
        more rigorous?

Q11.8   If “yes” to Q11.7, in what
        way should this be
        done?

Q11.9   Do you agree that extra
        – judicial debt collection
        should be included as an
        official    duty     under
        regulation proposed for
        the      Scottish     Civil
        Enforcement
        Commission?

Q11.10 If “no” to Q11.9, why do
       you disagree?

Q11.11 Do you agree that court
       officer employees of an
       LLP should not enforce a
       debt of a person who is a
       member of that LLP?

Q11.12 Do you agree that there
       should be no prescribed
       fee for enforcement by a
       court    officer of    a
       summary warrant?

Q11.13 If “no” to Q11.12, why do
       you disagree?

Q11.14 Do you agree that the
       diligence of attachment
       orders should not be
       available on a summary
       warrant? If “no”, could
       you tell us why not?




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 Ref           Question           Yes       No   Don’t   Comments
                                                 know
Q11.15 Do you agree that the
       diligence    of    money
       attachment should not
       be available on summary
       warrant? If “no”, could
       you tell us why not?

Q11.16 Do you agree that the
       diligence of inhibition
       should be available on
       authority of summary
       warrant? If “no”, could
       you tell us why not?

Q11.17 Do you agree that
       debtors subject to the
       diligence available on
       authority of summary
       warrant      should   be
       informed of the right of
       time to pay? If you
       answered “no”, could you
       tell us why not?

Q11.18 If you answered “yes” to
       Q11.17, in what way
       should such practice be
       given?




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Please use this section if you wish to make additional comments.




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