You, or someone acting on your behalf - such as a solicitor, can submit a Creditor Petition to the sheriff court that covers the area that the debtor:
- has either lived in; or
- has had a place of business in
at any time in the year immediately before the petition is submitted to court.
The area that a sheriff court covers is known as its 'jurisdiction'.
The standard form used for the petition is found on the Scottish Courts website. The sheriff court bankruptcy form used is:
- Form 6.1-A (Petition for sequestration)
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
- if postcodes are used - they are correct
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 6.1-B) that states they will act as trustee.
Form 6.1-B – Form of undertaking required by section 51(b)(ii) of the Bankruptcy (Scotland) Act 2016 can be found on the Scottish Courts website.
If you do not nominate a trustee the Accountant in Bankruptcy will automatically become the trustee in the bankruptcy.
Sheriff court and Accountant in Bankruptcy fees will be charged when submitting a Creditor Petition for sequestration.
Further information on the Creditor Petition fees payable to the Accountant in Bankruptcy can be found on this website.
For other fee costs please visit the Scottish Courts website.
*Please note, these fees will be in addition to any incurred solicitor fees.