A creditor in an obligation undertaken by a debtor prior to sequestration must, after sequestration, enforce that obligation against the estate vested in the trustee and can only seek a decree of constitution there anent against the debtor personally, and that a creditor can enforce against the debtor an obligation incurred after sequestration.
Citations:
(1881) 8 R 347
Cited by:
Cited – Mulvey v Secretary of State for Social Security HL 20-Mar-1997
The appellant had had repayable awards from the social fund and also income support benefit. Deductions were made from the benefit to repay the awards. Her estate was sequestrated. She argued that the awards should no longer be deducted.
Held: . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Scotland
Updated: 29 April 2022; Ref: scu.184746