Bankruptcy questions (Scotland)

amber_lights

Hi I am thinking of going bankrupt. Does the AIB (I am in Scotland) run a credit check to see what debts you have or do I need to get my report to check these myself so that they are all included in the BR?


I am also wondering about a recent court summons I received - can this be included in the bankruptcy? It was for rent arrears.


I have some debts that are almost at the statute barred date - do I include these too?


I am currently paying off council tax debt - will this be included in the BR or will the AIB allow me to keep my arrangement to pay this?


I don't think I qualify for the MAP so it looks more likely a LILA BR for me. How long does it last?
Has anyone ever had a LILA? Do you need to go for an interview?
Sorry for all the questions, I am terrified

tigerfeet2006

I have messaged Cait our resident Scottish expert to pop on and look at your thread.

National_Debtline

Hi

I’m not sure about the checks the trustee carries out but I know you need to complete the applications forms accurately with information. I suggest checking all three of your main UK credit reference files and include any debts shown.

Your rent debt can be included even if you have a decree, and you should list any debts which are nearly statute barred just to be on the safe side. Your council tax debt should also be included in bankruptcy.

MAP effectively replaced LILA so you can’t use the LILA process now. If you don’t qualify for MAP you’ll need to use the normal application process demonstrating ‘apparent insolvency’. It costs £200 to apply and you would need to get a certificate of sequestration from an authorised person such as a money adviser or insolvency practitioner.

Our factsheet goes into more detail:

www.nationaldebtline.org/S/factsheets/Pages/01%20SCOT%20Bankruptcy/Default.aspx

James
@natdebtline

coolcait

The only thing I can add to National Debtline James' post is a reminder that you need to get money advice before you apply for sequestration. But that will probably be covered as part of the process of getting the Certificate for Sequestration.


If any of your creditors have served you with a Charge for Payment, and you didn't pay within 14 days, you can use that as proof of 'Apparent Insolvency' for applying for sequestration .


Being realistic, very few creditors actually do that these days - it tends to be Councils or HMRC who do it most.