In a sequestration the creditors elected a trustee but failed to decide on the sufficiency of the caution, and the election of the trustee was never confirmed by the Sheriff. After the lapse of seven years, it being no longer competent under the Bankruptcy (Scotland) Act 1913 for the trustee to obtain confirmation, the Court, on the petition of the bankrupt, in the exercise of its nobile officium, without making a remit to the Accountant of Court, discharged the bankrupt but refused to reinvest him in his estates.
Citations:
[1914] SLR 184
Links:
Jurisdiction:
Scotland
Insolvency
Updated: 10 July 2022; Ref: scu.616610
