Sequestration - Scottish Bankruptcy | LILA

Sequestration

There are three routes into sequestration (bankruptcy) in Scotland. These options include Minimal Asset Process, certificate of sequestration and creditor led sequestration.

 

 

Minimal Asset Process (MAP)

 

The Minimal Asset Process route to bankruptcy in Scotland enables a person to resolve their unsecured debts when they are unable to pay their creditors. The route costs £90 and is suitable for certain people, depending on their personal and financial circumstances. To be applicable for the MAP bankruptcy, you must

 

  • Reside in Scotland
  • Owe between £1,500 and £17,000 in unsecured debts.
  • Have minimal assets which total no more than £2,000. No single asset can be worth over £1,000 except for a car, which can be worth up to £3,000.
  • Not own a property, even if it’s in negative equity.
  • Not have been made bankrupt in the last 5 years.
  • Be on a low income or state benefits.

 

To determine if you would qualify for a Minimal Asset Process bankruptcy you should seek debt advice.

 

Certificate of Sequestration (COS)

 

The alternative route to resolving debt problems via sequestration is the certificate of sequestration. This also costs £200 to enter when the debtor application is submitted alongside the certificate of sequestration.

 

The sequestration lasts for 1 year. Depending on your circumstances, after you submit your debtor application a debtor contribution order may be setup for 48 months.

 

Bankrupt by Creditors

 

The final sequestration option is to let your creditors take you to court and apply for your sequestration.

 

You don’t have to appear in court and will receive a letter through once you have been made bankrupt. A bankruptcy specialist will be appointed to get back as much money from your Estate as is possible.

 

If you would like help with bankruptcy or to find out if you are suitable for sequestration in Scotland, call Debt Support Trust on 0800 085 0226.