The following information is for individuals, creditors, trustees, money advisors, insolvency practitioners and professionals who want to know more about the bankruptcy process in Scotland, including all related guidance, publications and legislation.
The Bankruptcy Debtor’s Guide provides general information for people who owe money (debtors).
The Bankruptcy Creditor’s Guide gives general information for people who are owed money (creditors).
The Debt Advice and Information Package is an official booklet that must be issued when an individual or creditor has begun debt legal proceedings. It contains important information about getting advice to help deal with debt.
The Debt and the Consequences Booklet provides important information to help deal with creditors and debt.
The bankruptcy Recall Guide gives general information on the process of applying for recall to the Accountant in Bankruptcy.
Each guide may also avalaible in alternative languagues. Please email AiB Facilities management to request a translation.
Bankruptcy Restriction publications
The Bankruptcy Restrictions Guide lays out general information about restrictions that can be imposed as a result of behaviour before or during bankruptcy.
Information and guidance based on bankruptcies awarded in previous legislation that may still be relevant.
This section provides a series of information that will assist professionals in managing bankruptcy cases, describing the processes and systems in place.
Temporary coronavirus measures
As we move beyond the pandemic, several emergency provisions have now become permanent legislation. The remaining temporary legislative and operational measures in place are outlined in our current coronavirus measures section and will reviewed regularly.
AiB provides a series of guidance to better understand the legislative process and how it should be interpreted.
The Trustee Notes for Guidance details the general functions of AiB, trustees and commissioners in relation to their responsibilities in bankruptcy. Previous legislative versions of this guidance can be found in the notes for guidance section.
- The Common Financial Tool (CFT) - guidance, legislation and analysis
- Notes for Guidance for Trustee Bankruptcy (Scotland) Act 2016 - November 2016 - amended December 2020
- Notes for Guidance for Trustees Bankruptcy (Scotland) Act 1985 (as amended) - April 2015
- Notes for Guidance for Trustees (Bankruptcies granted between 1 April 2008 and 31 March 2015)
A collection of guides to assist in the processing of bankruptcy cases.
- Guidance To Trustees On The Accounts Process
- Guidance To Trustees On The Accounts Process from 1 April 2015 - 29 November 2016
- The Common Financial Tool (CFT) user guidance (revised 2019)
- BASYS Manual
- Debtor Application Guidance for BASYS
- BASYS User Guide - Trustee Accounts
- BASYS User Guide - Adjudication and Supervision
- BASYS User Guide - Bankruptcy Restrictions Team
- BASYS Frequently Asked Questions
- BASYS Heritable Asset Submissions Guidance
- BASYS Debtors Discharge Submissions Guidance
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The Accountant in Bankruptcy produces a number of forms relating to the bankruptcy process and applications. This section provides the relevant forms for Trustees and Creditors, available to download.
All current and previous legislation can also be found on the government legislation site.