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THE ACCOUNTANT IN BANKRUPTCY, 1 Pennyburn Road , Kilwinning, Ayrshire. previously Permanent Trustee on the sequestrated estates of Graeme John Grant, 65 Redhall Crescent , Edinburgh , EH14 2HD conform to Award in her favour on 29 th April 2008
The Sheriff having resumed consideration of the cause grants leave to the pursuer to lodge a minute of amendment within 14 days of the date hereof.
[1] This is a summary application in which the pursuer ("the AIB ") seeks an order pursuant to section 29(6) of the Bankruptcy ( Scotland ) Act 1985 ("the 1985 Act") that the office of trustee has become vacant and for certain other orders. The action is undefended but an issue of competency has arisen. I put the matter out for a hearing and had the benefit of being addressed by Mr Lloyd on behalf of the AIB .
[2] The defender was sequestrated on his own application to the AIB on 29 th April 2008 . The AIB was the trustee in sequestration. Both the pursuer and the defender have been discharged respectively. It has now come to light that there are assets by way of a claim that the defender had against a third party. The pursuer was unaware of this claim. There are monies available. The problem is that, having been discharged, there is no trustee in office to deal with this matter.
[3] The issue is not a new one and is well set out in paragraphs 8-75 to 8-76 of McBryde on Bankruptcy (2 nd edition) (" McBryde "):-
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