Register of Insolvencies
The register of insolvencies is a statutory register about the insolvency of individuals and businesses in Scotland. Go to the registerChanges to forms
Changes to forms
1 July 2008Many of the forms used in bankruptcy and protected trust deeds have changed since bankrptcy reform. Below is a list of the old forms, their new equivalents and which set of Statutory Instruments they can be found in.
Part 1 Old Forms NB these forms will remain in force for old cases.
A Forms in the Bankruptcy (Scotland) Regulations 1985
|
Name of Form |
Old No. |
New No. |
Where has it gone? |
|
Statutory Demand for Payment |
1 |
1 |
Bankruptcy (Scotland) Regulations 2008 |
|
Oath by Creditor |
2 |
2 |
|
|
Repealed |
3 |
- |
This Form was repealed in 1993 |
|
Statement of the assets and liabilities |
4 |
3 and 12 |
Bankruptcy (Scotland) Regulations 2008 |
|
Statement of claim by creditor |
5 |
4 |
|
|
Notice in Edinburgh Gazette (Repealed) |
6 |
5 |
|
|
Notice in Edinburgh Gazette of public examination |
7 |
6 |
|
|
Certificate of discharge of debtor |
8 |
7 |
|
|
Acceptance of an offer of composition. |
9 |
8 |
|
|
Notice in Edinburgh Gazette by trustee under a trust deed |
10 |
1 |
Protected Trust Deed (Scotland) Regulations 2008 |
|
Statement of realisation and distribution of estate under a protected trust deed. |
11 |
7 |
B Forms in the Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996
|
Name of Form |
Old No. |
New No. |
Where has it gone? |
|
Debtor's petition with concurrence |
1 |
10 and 11 |
Bankruptcy (Scotland) Regulations 2008 |
|
Debtor's petition without concurrence |
2 |
9 |
|
|
Petition by qualified creditor(s) |
3 |
1 |
Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008 |
|
Petition by a temporary administrator etc |
3A |
2 |
|
|
Petition by a trustee under a trust deed |
4 |
3 |
|
|
Undertaking required by section 2(3)(c) |
5 |
4 and 13 |
Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008 (Form 4) and Bankruptcy (Scotland) Regulations 2008 (Form 13) |
|
Application for a certificate for summary administration |
6 |
- |
COSA is repealed by section 28 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 |
|
Certificate for summary administration |
7 |
- |
|
|
Application for withdrawal of certificate for summary administration |
8 |
- |
|
|
Application for an order for a contribution from the debtors income |
9 |
5 |
Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008 |
|
Application for variation or recall of an order made under section 32 |
10 |
5 |
|
|
Memorandum to be recorded in the Register of Inhibitions and Adjudications |
11 |
7 |
|
|
Act and warrant on confirmation or appointment of trustee |
12 |
- |
This form is no longer required |
|
Notice of inhibition by trustee under trust deed |
13 |
8 |
Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008 |
|
Notice of recall of inhibition |
14 |
9 |
|
|
Report by the interim trustee under section 21B |
15 |
18 |
Bankruptcy (Scotland) Regulations 2008 |
|
Report by the Accountant in Bankruptcy under section 24 |
16 |
10 |
Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008 |
|
Report by the interim trustee under section 24 |
17 |
11 |
|
|
Report by the interim trustee and application for confirmation of election |
18 |
- |
This form is no longer required |
|
Statement to be lodged by creditor |
19 |
12 |
Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008 |
|
Statement to be lodged by concurring creditor |
20 |
- |
This form is no longer required |
Part 2 New Forms introduced from 1 April 2008
C Forms in the Bankruptcy (Scotland) Regulations 2008
|
Name of Form |
New No. |
Old No. |
Where does it come from? |
|
Statutory Demand for Payment of Debt |
1 |
1 |
Bankruptcy (Scotland) Regulations 1985 |
|
Oath by Creditor |
2 |
2 |
|
|
Statement of Assets and Liabilities for Petitions |
3 |
4 |
|
|
Statement of Claim by Creditor |
4 |
5 |
|
|
Notice by Replacement Trustee in the Edinburgh Gazette |
5 |
6 |
|
|
Notice by Trustee in the Edinburgh Gazette of Public Examination |
6 |
7 |
|
|
Certificate of Discharge of Debtor |
7 |
8 |
|
|
Acceptance of an Offer of Composition |
8 |
9 |
|
|
Debtor Application without Concurrence |
9 |
2 |
Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996 |
|
Debtor Application with Concurrence |
10 |
1 |
|
|
Debtor Application (Trusts, Partnership etc.) |
11 |
1 |
|
|
Statement of Assets and Liabilities for Debtor Application |
12 |
4 |
Bankruptcy (Scotland) Regulations 1985 |
|
Undertaking to act as trustee in sequestration |
13 |
5 |
|
|
Schedule of Award of Sequestration |
14 |
- |
These are new Forms |
|
Refusal of Award of Sequestration |
15 |
- |
|
|
Notice of Award to the Keeper of the Registers of Scotland |
16 |
- |
|
|
Statutory Declaration of LILA |
17 |
- |
|
|
Report to the AiB where no statutory meeting called |
18 |
15 |
Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996 |
|
Application to resign from office as Trustee |
19 |
- |
These are new Forms |
|
Income Payment Agreement |
20 |
- |
|
|
Notice of Abandonment of Heritable Property |
21 |
- |
|
|
Notice of Abandonment of Heritable Property (AiB) |
22 |
- |
|
|
Account of Current State of Affairs |
23 |
- |
This is a new Form based on the Current Status Report |
D Forms in the Protected Trust Deed (Scotland) Regulations 2008
|
Name of Form |
New No. |
Old No. |
Where does it come from? |
|
Notice in Edinburgh Gazette |
1 |
10 |
Bankruptcy (Scotland) Regulations 1985 |
|
Statement of claim by creditor |
2 |
- |
These are new Forms |
|
Statement of anticipated realisations |
3 |
- |
|
|
Statement of status |
4 |
- |
|
|
Letter of discharge of debtor |
5 |
- |
|
|
Trustee's application for discharge |
6 |
- |
|
|
Trustee's statement of realisation and distribution of estate |
7 |
11 |
Bankruptcy (Scotland) Regulations 1985 |
E Forms in the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2008
|
Name of Form |
New No. |
Old No. |
Where does it come from? |
|
Petition by qualified creditor(s) |
1 |
3 |
Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996 |
|
Petition by a temporary administrator, etc |
2 |
3A |
|
|
Petition by a trustee under a trust deed |
3 |
4 |
|
|
Undertaking required by section 2(3)(c) |
4 |
5 |
|
|
Application to Court |
5 |
9 and 10 |
|
|
Note of appeal to sheriff |
6 |
- |
This is a new Form |
|
Memorandum by trustee to be recorded in the Register of Inhibitions |
7 |
11 |
Act of Sederunt (Sheriff Court Bankruptcy Rules) 1996 |
|
Notice of inhibition by trustee under trust deed |
8 |
13 |
|
|
Notice of recall of inhibition |
9 |
14 |
|
|
Report by the Accountant in Bankruptcy |
10 |
16 |
|
|
Report by the original trustee |
11 |
17 |
|
|
Statement to be lodged by creditor in petitioning for sequestration |
12 |
19 |


