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Bankruptcy in Scotland

Sometimes called ‘sequestration’, this is a form of insolvency. It is a legal process for you to write off debt if you are not able to repay what you owe in a reasonable time.

Once bankruptcy ends, the debts included are usually written off. The people you owe money to should not contact you about your debts during your bankruptcy.


How can Scottish bankruptcy affect me?

You may have to sell items of value. These could be your house or car.

It may be harder for you to get credit. Your bankruptcy will be on your credit file for six years.

Bankruptcy can be a fresh start. But you should always make sure you understand how you can be affected before going ahead.

Thinking about going bankrupt?

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How sequestration works

An approved debt advisor, like us, will have to provide a ‘certificate of sequestration’ before you can apply.

You will get this if sequestration is the right option for you. So, getting debt advice is the first thing you need to do.

In some cases you can be found to be 'apparently insolvent'. This could be if someone you owe money to is asking for the full payment from you, and you cannot afford that.

This could apply to you if:


A creditor could also make you bankrupt if you:


  • Are apparently insolvent, and
  • Owe them more than £3,000

Free multilingual debt guide

We have a free, downloadable guide to help you deal with your money worries

It covers debt collection processes, where to get help, budgeting and what to expect from a debt advice session. Download it in English, Urdu, Punjabi and Polish. Find out more.

Can I apply for bankruptcy?

You can if:


  • You owe more than £3,000 in total. You may be able to apply for a MAP bankruptcy if you owe less than that
  • You live in Scotland. Or you have lived in Scotland in the last year
  • You have not been made bankrupt in the last five years

How much would I pay to go bankrupt?

You may have to pay a £150 fee to the Accountant in Bankruptcy (AiB). The AiB looks after all insolvencies in Scotland.

You may be able to pay less than this if you are getting certain benefits, even if you are in work.

You may have to make payments into your bankruptcy. The AiB will decide if you can afford to do this after looking at your earnings and spending. You can ask for the payment terms to be changed if you cannot keep up with them.

How long does bankruptcy last?

It will usually last for a year but it can last longer.

During this time you must not borrow any more credit. And you must keep in touch with the AiB and tell them if anything has changed.

If you break any of the terms of your bankruptcy, it may be extended.

What debts are written off in bankruptcy?

Most debts are written off by bankruptcy, there are some that will not be. Such as:


  • Student loans
  • Criminal fines
  • Fraudulent debts
  • Child maintenance arrears.

Do I have to sell any assets?

You may have to. When the AiB looks at your finances they will make sure you keep what you need to live day-to-day.

Will other people know about my bankruptcy?

It will be listed on the Register of Insolvencies for five years.

Could this affect my job?

It could do, depending on what job you do.

It is worth checking your contract or terms to see if your company has rules about bankruptcy and your role. Talk to your debt advisor about this.

This is more likely if you have financial responsibilities. Such as, you cannot act as a company director.

Can you help me find out if I should go bankrupt?

If you would like to find out if this is the right thing for you, our online debt advice tool is the best place to start. We have a team of advisors who are experts in helping people in Scotland. They are here for you.