Court Imposes 12 year Restriction Order on Debtor for Breach of Trust

Scotland’s insolvency service, Accountant in Bankruptcy (AiB), has obtained a 12 year Bankruptcy Restrictions Order (BRO) for a debtor due to his misconduct before and during his bankruptcy.

The BRO was imposed on Craig Mathieson, whose last known address was Flat 8, 81 Lancefield Quay, Glasgow, G3 8HA. 

Mr Mathieson was made bankrupt at Glasgow Sheriff Court on 26 August 2015 and AiB conducted a full investigation into his behaviour leading up to his bankruptcy.  AiB submitted a BRO application to Glasgow Sheriff Court on the grounds that Mr Mathieson was unreasonably extravagant, which contributed to the extent of his debts. He committed a fraudulent breach of trust, failed to produce records failed to co-operate with his trustee. Following a hearing on 16 November 2020, Sheriff Swanson made a BRO against Mr Mathieson for a period of 12 years.

Richard Dennis, Chief Executive of Accountant in Bankruptcy,  said: "The Accountant in Bankruptcy will investigate and take action against those who seek to subvert the bankruptcy process. By highlighting the behaviour of individuals such as Mr Mathieson, we aim to warn debtors of the risks and potential consequences of their actions before and during their bankruptcy. We also seek to alert creditors and employers to the public Register of Insolvencies, where they can check if someone they wish to do business with or employ is subject to restrictions.”

Details of all debtors who are subject to a BRO or BRU are recorded in the Register of Insolvencies  which can be accessed by the public, free of charge.

Background

The BRO was imposed for misconduct, as described under Section 56A of the Bankruptcy (Scotland) Act 1985, as amended.

Bankruptcy Restriction Orders mean the debtor must:

  • disclose their status to a credit provider that they are subject to bankruptcy restrictions if they, either alone or jointly with another person, wish to obtain credit of more than £500.
  • disclose their status to a credit provider if they wish to obtain credit of any amount and already have debts of £1,000 or more.

The debtor may not:

  • act as an Insolvency Practitioner or as the Receiver or Manager of the property of a company on behalf of debenture holders.
  • act as director of a company or directly or indirectly to take part in or be concerned with the promotion, formation or management of a company.
  • be nominated, elected or hold office as a member of a local authority, conform to section 31 of the Local Government (Scotland) Act 1973.
  • take up a public or private appointment if there is in force legislation that specifically states that the appointment cannot be held by a person subject to bankruptcy restrictions.  It is the responsibility of the debtor to check if such a condition applies, before applying for, or accepting, an appointment.

Further information on Bankruptcy Restriction Orders can be found here.