The Creditor Petition Fee was introduced in Part II, Regulation 6.2 of The Bankruptcy Fees (Scotland) Amendment Regulations 2009, which came into force on 1 April 2009 and amended as of 1 April 2010.

Who does the Fee apply to?

With effect from 1 April 2010, any person who lodges in a Scottish Court a petition for the bankruptcy of an individual, must pay to the Accountant in Bankruptcy a fee of £200, per petition lodged. The fee will be payable on all petitions received by the Accountant in Bankruptcy on, or after, 1 April 2010.

What the new fee is for?

This fee is payable to cover the Accountant in Bankruptcy's administration costs for processing and recording the petitions and for undertaking checks to prevent duplication of petitions and applications for bankruptcy. The fee is payable regardless if the petition for bankruptcy is later withdrawn, or an award of bankruptcy is not granted.

How do I pay?

Creditors must send a copy of their petition for bankruptcy to the Accountant in Bankruptcy on the day they lodge their petition in the Scottish Court. On receipt of the copy of the petition, the Accountant in Bankruptcy will issue an invoice to the petitioning creditor, for the £200 fee.

There is no provision for this fee to be waived nor paid by instalment. The fee must be paid, in full, following receipt of the invoice.

If there are more than one creditor named on the petition, the invoice will be issued to the first named creditor. However, the fee is jointly and severally payable by all the named creditors on the petition

When do I pay?

You must make payment within 30 days of receipt of the invoice.

If your organisation regularly petitions for the bankruptcy of your debtors, you may ask the Accountant in Bankruptcy to invoice you on a monthly basis for the total fees due for all the bankruptcies you have petitioned for in the previous month. If you wish to receive an invoice on a monthly basis, you must contact our Finance Department detailing the name of your organisation, the average number of petitions you expect to lodge per month and details of the bank account from which the fees will be paid.

AiB Finance Department
1 Pennyburn Road
Kilwinning
KA13 6SA

If you wish more information regarding the process for applying for someone to become bankrupt, please read our Creditor's Guide or contact us on: 0300 200 2600