Debtor Guide - Bankruptcy

If you are not happy with a decision made during your bankruptcy you may be able to ask AiB’s independent review team to reconsider it.

If you are unhappy with a decision by the review team, you can ask a sheriff to reconsider it.

The trustee, a creditor, or interested party can also ask for a review.

The decisions you can ask to be reviewed include:

• the amount of an initial DCO
• approval or refusal of a variation of a DCO
• approval or refusal of discharge
• approval or refusal to award recall
• the trustee’s decision to accept or reject a creditor’s claim

This list does not include all the decision that can be reviewed. If you can ask for a review you will be told in the letter informing you of the decision.

Review process

A request for review should be made on a Form 3 of the Applications and Decisions (Scotland) Regulations 2016. This can be requested from the Operational Policy and Compliance team. This should be done within either 14 or 28 days of being told of the decision. This timescale will be stated in the decision letter. 

The form should be returned to AiB:

By email 

opc@aib.gov.uk

By post

Accountant in Bankruptcy

Independent Review Team

1 Pennyburn Road

Kilwinning

KA13 6SA

A decision must be issued within 28 days and may:

• confirm a decision
• amend or alter a decision
• revoke a determination and substitute a new determination

Appeal

If you, your trustee, or a creditor do not agree with the decision of the review team an appeal can be made to a sheriff on a point of law. 

An appeal must be made within 14 days of the date of the review decision.  You should contact your money adviser or local sheriff court on the process for making an application.

Any decision made by the sheriff is final.