Scottish bankruptcy legislation applies to individuals, partnerships and other unincorporated organisations such as trusts. It does not apply to limited companies and other organisations registered at Companies House.
Subject to certain conditions, a debtor may apply to the Accountant in Bankruptcy for their own bankruptcy or a creditor can present a petition at a sheriff court to make someone bankrupt.
How can I check whether someone is already bankrupt?
The person who owes money may already be bankrupt. This can be checked before incurring any additional costs in taking action to try to recover the debt they owe by making them bankrupt.
All bankruptcies are advertised in a publication called the Edinburgh Gazette and are also recorded in a public register known as the Register of Insolvencies.
Register of Insolvencies
You can search the Register of Insolvencies by clicking on the link provided. If you do not have access to the internet you can contact the Accountant in Bankruptcy who can do the search for you. There is a charge to search the Register of Insolvencies (ROI).
Edinburgh Gazette
You can check the Edinburgh Gazette at http://www.gazettes-online.co.uk/.
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