Scotland: personal insolvency

Scotland: personal insolvency guidance:

This Practice Note: • considers the position in Scotland. For guidance on: ◦ the equivalent in England and Wales, see: Introduction to enforcement—overview which, as well...

Practice Note

This Practice Note considers the position in Scotland. For guidance on: • other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish...

Practice Note

This Practice Note considers the position in Scotland. For guidance on: • the equivalent in England and Wales, see: Introduction to enforcement—overview which, as well as...

Practice Note

This Practice Note considers the position in Scotland. For guidance on: • other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish...

Practice Note

This Practice Note considers the position in Scotland. For guidance on: • the equivalent in England and Wales, see: Introduction to enforcement—overview which, as well as...

Practice Note

In the majority of sequestrations where the debtor has assets these will include the debtor's home (see Practice Note: Scotland: the process for applying for...

Practice Note

For any insolvency process to operate effectively, it is essential the person appointed to wind-up the insolvent estate has powers that enable them to scrutinise dealings...

Practice Note

This Practice Note relates to insolvent partnerships and limited partnerships in Scotland, by which it is meant: • ordinary partnerships: with a principle place of...

Practice Note

Entities that may be sequestrated or liquidated A creditor can petition the court for the bankruptcy (also referred to as sequestration) of a debtor under the Bankruptcy...

Practice Note

Trust deeds have, for many years, been utilised by debtors as a means of reaching a compromise with their creditors as an alternative to formal sequestration (see...

Practice Note

The office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but...

Practice Note

The Debt Arrangement Scheme (DAS) is a statutory scheme that is designed to allow certain categories of debtor to repay their debts over an extended period of time by...

Practice Note

Sequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee...

Practice Note

Recovery orders This Practice Note outlines the Scottish procedure for obtaining a civil recovery order under the Proceeds of Crime Act 2002 (POCA 2002). For details on...

Practice Note

Produced in partnership with Rachel Oliphant of Pinsent Masons LLP 1 Individual 1.1 Individual or sole trader party designation clause [insert full name of party] of...

Precedents