Debt Solutions Scotland

Bankruptcy (Sequestration in Scotland)

Often people think of the word “bankruptcy” as too serious to contemplate. However, for those that need it, bankruptcy can offer a way to get back on track and start again.

Complete our free debt advice tool to see if you qualify for bankruptcy.

Debt Solutions Scotland

For those that need it, bankruptcy can be incredibly freeing – a way to get you back on track.

Bankruptcy, or sequestration in Scotland, is a debt solution that allows you to take back control of your finances.

Often, people associate the word ‘bankruptcy’ with negative implications only; however, bankruptcy can also be incredibly freeing to people who have become overwhelmed with debt and need to get back on track.

If it is unlikely you will be able to repay you debts in full and if it’s also unlikely creditors will agree to a trust deed, bankruptcy may be an option for you. In a bankruptcy, you will only pay what you can afford towards your debt over a fixed period of usually 4 years.

Cleanslate® will contact your creditors to inform them you have been made bankrupt and give you legal protection from any action they may wish to take. Whilst you will be required to pay what you can afford for four years, if you have co-operated with your Trustee, you may be discharged after one year. This means that the restrictions of bankruptcy would no longer apply. Of course, the agreed payments would need to continue throughout the four-year period.

The Cleanslate advisers will ask you some simple questions to fully understand your financial circumstances. Applying for bankruptcy is a serious step to take so if bankruptcy is not right for you, they will advise you of other options that might be more suitable.

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No more juggling multiple payments to creditors. One affordable monthly payment in a bankruptcy covers them all.

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Your unsecured creditors cannot take further legal action against you once bankruptcy is awarded.

How do you apply for Bankruptcy in Scotland?

Before applying for any debt solution, from any provider, you first need to get debt advice. You should never start a debt solution without first knowing all the options.

It’s impossible to enter a solution with a regulated organisation without getting debt advice first, so any firm that offers to enter you into a solution straight away is probably unregulated and should be avoided.

Most providers will need you to book a telephone appointment so they can give you initial debt advice. These can be lengthy – usually an hour or more – and not everyone is comfortable discussing their situation with a stranger on the phone. At Angel Advance, we recognise that this can, for some people, be a barrier to getting help, so we have made it as easy and stress free as possible.

Our online service allows you to complete initial debt advice completely online. You don’t need to speak on the phone unless you want to. You don’t even need to provide a phone number, just your email address so you can save your progress and we can email you a copy of our advice.

At the end of your enquiry, we’ll present you with your options, and let you know which one we recommend for you. You then have the option to apply, or you can save your progress and come back later once you’ve taken some time to consider your options. When you’re ready to make an application, it’s simply a case of booking a phone call to discuss your chosen solution in more detail.

Rest assured much of the initial work has already been done by this time and the information you’ve provided will be shared with your advisor, so you don’t have to do it again.

If you prefer to get help over the phone from the start, you can book a telephone appointment for a date and time to suit to you. We work hard to design our services to suit you and your needs. Talking about debt is never easy, so communicate with us in whichever way makes you most comfortable.

Key advantages of bankruptcy in Scotland:

You will only pay back what you can afford.

On successful completion, your remaining debt will be written off.

Cleanslate will deal with creditors on your behalf.

Cleanslate will agree with you how your assets (such as your home and car) are affected in advance.

Existing wage arrestments will be stopped after bankruptcy has been awarded.

Key disadvantages of bankruptcy in Scotland:

Your bankruptcy will be visible on your credit file for six years. This may impact your ability to obtain credit for a period after you have been discharged from the bankruptcy.

Your home may be affected in a bankruptcy. Control of your assets will be passed to your Trustee – it is not possible to exclude a property from a bankruptcy. Understanding the implications for your property is a high priority and Cleanslate will talk to you about this in detail. There may be more options for dealing with your property in a trust deed and their advisers will talk these through with you.

There are certain positions you cannot hold until you have been discharged from bankruptcy:

  • You cannot act as a Member of Parliament, a Justice of the Peace, a member of a school board or local council
  • You cannot be a director of a limited company or be involved in the day-to-day financial management of a company

Frequently Asked Questions:

This could be an option for you if you live in Scotland, have £1,500 or more of unsecured debt and are unable to pay what you owe. You cannot apply if you have been made bankrupt in the last 5 years.

All bankruptcies awarded in Scotland are recorded in the Register of Insolvencies which is free to access online. In order for someone to become aware of your bankruptcy, they would need to actively look your name up on this register. Your bankruptcy will remain on the Register of Insolvency for one year after the Trustee has been discharged, then it will no longer be visible.

If you have a reasonable need to use your car and it is worth under £3,000 it will not be affected by bankruptcy. If your vehicle is worth more than this, the Trustee will have an interest in it. Cleanslate will discuss this with you. Other possessions such as white goods, jewellery, mobile phones etc, will not be included.

Similarly to a trust deed, a bankruptcy covers all your unsecured debts; however, there are a few exceptions. These include student loans, court fines and debts incurred as a result of fraud or a breach of trust. Cleanslate will explain if any of your debts cannot be included.

If you own your property, Cleanslate will establish if there is any equity in the property by instructing a qualified surveyor to carry out a professional valuation. They will ask you to confirm the redemption figure for your mortgage and any other borrowing secured against the property. If there is equity, there are a number of options for addressing it, and they will discuss each of these with you. They will agree with you in advance how the bankruptcy will affect your property, giving you peace of mind before you make any commitment to apply for your bankruptcy.

Yes, you can still hold a current account; however, in some cases, your bank may freeze or close your account once you have been made bankrupt. It is good practice to hold a current account with a bank you don’t owe money to. Therefore, on some occasions it is suggested to change banks.

How We Help You

1. You can get confidential debt advice online or over the phone with us.

2. We’ll recommend the best solutions – completely based on your individual circumstances. We include every available solution in the UK.

3. If you choose a Scottish debt solution, Cleanslate™ will take care of everything. They will speak to your creditors and take care of all the paperwork.

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Our promise to you

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You are not alone

Millions of UK residents are currently struggling with debt.  If you request help from our team, then you will only find compassion, experience, understanding and confidentiality.

Helping people with debt is their full-time job. Your wellbeing is at the heart of our service

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No Hassle

You don’t need to provide a phone number or an address to get help. You just need to provide your email address and your name, and this is only so you can log back in and work at your own pace.

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Low Cost

You are only ever asked to pay what you can genuinely afford to pay.

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All The Facts

We will always give you all the information, clearly and as easy to understand as possible.

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You can save your details and come back any time. Work at your own pace and edit/change your details until your situation is all accounted for. Help is at hand if you need it.

To find out more about managing your money and getting free and impartial debt advice, visit www.moneyhelper.org.uk, an independent service set up to help people manage their money.