Register of Insolvencies
The register of insolvencies is a statutory register about the insolvency of individuals and businesses in Scotland.
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You are a creditor if you are owed money by a debtor. If you are trying to recoup monies owed to you by a debtor you may be able to petition the sheriff court to make them bankrupt.
As a creditor you can ask a sheriff to award bankruptcy against a debtor if:
- you are owed at least £3,000 - this includes any fees, interest or charges added to the original debt; or
- you apply for a joint petition with other creditors providing the combined debts are at least £3000; and
- you have sent a copy of the Scottish Government's Debt Advice and Information Package the debtor (you must have sent this at least 2 weeks and not more than 12 weeks before you make your petition); and
- you can show the debtor is apparently insolvent.
*From 1 July 2012 the fees associated with making a petition for sequestration are being replaced with a new fee mechanism. Previously a petitioner would pay a court fee of £95 and a petition administration fee to the Accountant in Bankruptcy of £200.
To reflect lower costs incurred in relation to the administration of petitions, Accountant in Bankruptcy is reducing the petition administration fee to £100. In addition, AiB will charge a deposit of £200 where a sequestration is awarded from a petition and The Accountant in Bankruptcy is appointed as trustee. The fees and deposit will be recoverable if funds are available in the debtor's estate when the sequestration ends. Where no funds are available, the £200 will be set against the cost of administration and will help reduce the burden on the public purse. These fees now also relate to petitions by a trustee under a Protected Trust Deed or by an executor of a deceased debtor.
The trustee in a trust deed
If the debtor has not co-operated with the trustee in a trust deed, the trustee has the right to apply to the sheriff to make the debtor bankrupt if they think this is in the creditors' best interests. The trustee does not have to demonstrate the previous conditions.
Considering making someone bankrupt?
Before you consider making someone bankrupt you should take steps to ensure that:
- there is not already an award of bankruptcy against the debtor; or
- there is not already a petition before the court for the debtors bankruptcy; or
- the debtor is not participating in the Debt Arrangement Scheme (DAS)
*Please note that public online searches of the RoI and DAS Register are free.