You can submit a Creditor Petition to the sheriff court that covers your jurisdiction (area).

The standard sheriff court forms used for the petition are:

• Form 1 (Creditors Petition); or,
• Form 3 (Trustee Petition under a trust deed).

When submitting a petition you must ensure that:

• the name of the individual or entity is clearly stated;
• all names and addresses are spelt correctly.

You must also send a copy of the petition to the Accountant in Bankruptcy on the day that it is lodged at court.

Nominating a trustee

You may nominate the Accountant in Bankruptcy or an insolvency practitioner to be trustee. If you are nominating an insolvency practitioner they must be eligible and must sign an undertaking (Form 5) that states they will act as trustee.

If you do not nominate a trustee the Accountant in Bankruptcy will automatically become the trustee in the bankruptcy.

• Form 5

Fee

If you wish to submit at petition to the sheriff court and thus lodge it with the Accountant in Bankruptcy there will be associated fees payable to both the sherrif court and the Accountant in Bankruptcy. For further information on the fee payable to the Accountant in Bankruptcy see Creditor Petition fees.

For other fee costs please visit the Scottish Courts website.

*Please note, these fees will be in addition to any incurred solicitor fees.

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