Register of Insolvencies
The register of insolvencies is a statutory register about the insolvency of individuals and businesses in Scotland.
How long will a bankruptcy last?
If a debtor applies for their own bankruptcy, they will normally be discharged one year after the date the bankruptcy was awarded. If a creditor petitioned for the bankruptcy, discharge will be one year after the date that the court issued the warrant citing the debtor to appear at a hearing. However, if a debtor does not co-operate with the trustee, the trustee can ask the sheriff to delay the discharge by up to two years at a time.
The debtor will not be formally notified that the bankruptcy has been discharged. However they can, if they wish, ask the Accountant in Bankruptcy for a certificate of discharge. There will normally be a charge for this.
Even though a debtor has been discharged, the bankruptcy will not be finished until the trustee has done everything they need to, and they are discharged from their duties. The debtor must co-operate with the trustee until the trustee is discharged.
The debtor will be notified of the trustee's application for discharge.
Can a bankruptcy end sooner than this?
There are two ways in which a bankruptcy can end sooner.