A bankrupt, who had himself petitioned for sequestration, and made oath to a state of affairs showing that he was insolvent, brought an action of reduction of the sequestration against the concurring creditor and the trustee, on the ground that he had been induced by the fraud of his concurring creditor to apply for sequestration in the belief that he was insolvent, when in point of fact he was not. He also averred that the trustee had acted in collusion with this creditor in the conduct of the sequestration. The court dismissed the action.
Observed that a bankrupt’s remedy when he avers that there has been any irregularity in the conduct of the trustee in the course of the sequestration is to apply to the Accountant of Court, whose duty it will be to inquire into the complaint.
Judges:
Lord Low, Ordinary
Citations:
[1898] SLR 35 – 355
Links:
Jurisdiction:
Scotland
Insolvency
Updated: 17 April 2022; Ref: scu.612163