Bankruptcy

This page lists resources that assist with the administration and supervision of the bankruptcy process in Scotland.

If you are looking for advice on how bankruptcy works, visit mygov.scot.

Application process

All bankruptcy applications should be submitted through BASYS.

The following forms and guidance relating to the application process are available: 

• Certificate for Sequestration
• Entity application pack
• Debtor Application - Part 2
• Debtor Application - evidence requirements checklist

Paper copies of other forms and guidance relating to the debtor application process are available on request. If you require these or further details on the application process, please contact the Bankruptcy Applications and Decisions team.

Debtor Guide

An online version of the Debtor Guide is now available which provides information for those who have already been declared bankrupt. 

General information about bankruptcy (including the application process) can be found in the bankruptcy section on mygov.scot.

Trustee

Guidance regarding the adjudication and supervision process is available in the help section on BASYS. 

Recall 

Requests for recall of bankruptcy should be made using a Form 1 - Application to Accountant in Bankruptcy: General. 

Completed applications should be sent to the Bankruptcy Applications and Decisions team. 

Full information on the recall process can be found on mygov.scot. 

The Notes for Guidance for trustees details the general functions and responsibilities of AiB, trustees and commissioners in a bankruptcy.

Previous Notes for Guidance for cases awarded pre November 2016 are available on request from the Operational Policy and Compliance team.

Dear Trustee letters are used to keep agents and trustees updated on changes to policy and operational processes.  

The most recent Dear Trustee letters can be found in the publications section. 

If you would like to receive Dear Trustee letters, please sign up to our mailing list. 

Bankruptcy Restrictions were introduced for the purpose of deterring debtors from misbehaving or being dishonest before or during their bankruptcy. They also provide creditors with a level of protection from such debtors once their bankruptcy had ended. 

Further information, as well as a list of current bankruptcy restrictions, are available on request from the Bankruptcy Administration and Investigations team. 

The Debtor Application working group discusses the debtor application process in detail. It is also used to receive feedback and share best practice between stakeholders.

Minutes from previous meetings are available on request from the Bankruptcy Applications and Decisions team. 

BASYS is the online case management system for bankruptcy cases in Scotland.

Further information on how this works and how to get access can be found in the BASYS section.