Bankruptcy

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.

Publications

Guidance

Forms

Legislation


Publications

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.

 

Older publications

Information and guidance based on bankruptcies awarded in previous legislation that may still be relevant.

Publications from 1 April 2015 (including translated publications) 

Publications before 1 April 2015


Guidance

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.

 

Bankruptcy guidance

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

User guides

A collection of guides to assist in the processing of bankruptcy cases.

Stakeholder Newsletter

Supervision Standard - Spring 2022

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Forms

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.

Debtor forms

Creditors forms

Trustee forms


Legislation

All current and previous legislation can also be found on the government legislation site.

Bills

The Coronavirus (Scotland) Bill
 

Acts

The Bankruptcy (Scotland) Act 2016

The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016

The Bankruptcy (Scotland) Act 2016 Tables of Derivations and Destinations
 

Regulations

The Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021

The Bankruptcy (Scotland) Regulations 2016

The Bankruptcy (Applications and Decision) (Scotland) Regulations 2016

The Bankruptcy (Scotland) Act 2016 (Commencement) Regulations 2016

The Bankruptcy and Debt Advice (Scotland) Act 2014 (Consequential Provisions) Order 2016

The Protected Trust Deeds (Scotland) Amendment Regulations 2016

The Protected Trust Deeds (Forms) (Scotland)Regulations 2016

Act of Sederunt(Sheriff Court Bankruptcy Rules) 2016

Act of Sederunt (Rules of the court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment (Bankruptcy (Scotland) Act 2016) 21016
 

Previous legislation

Legislation (between 1 April 2015 and 29 November 2016)

Legislation (between 1 April 2008 and 31 March 2015)

Legislation (before 1 April 2008)