The Creditor Petition Fee was introduced as part of The Bankruptcy Fees (Scotland) Amendment Regulations 2009 (link is external), which came into force on 1 April 2009. These have been subject to change and The Bankruptcy Fees etc. (Scotland) Regulations 2018 (link is external) details the current fees structure and sets out the fees involved in administering personal insolvencies in Scotland in accordance with Accountant in Bankruptcy's functions.
How do I pay?
Creditors must send a copy of their petition for bankruptcy to the Accountant in Bankruptcy on the day they lodge their petition in the Scottish Court. On receipt of the copy petition, the Accountant in Bankruptcy will issue an invoice to the petitioning creditor, for the £150 fee. There is no provision for this fee to be waived nor paid by installment. The fee must be paid, in full, following receipt of the invoice. If the petition results in an award of bankruptcy where the AiB is appointed trustee, a further invoice will be issued for £750.
If there are more than one creditor named on the petition, the invoice will be issued to the first named creditor. However, the fee is jointly and severally payable by all the named creditors on the petition.
When do I pay?
You must make payment within 30 days of receipt of the invoice.
If your organisation regularly petitions for the bankruptcy of your debtors, you may ask the Accountant in Bankruptcy to invoice you on a monthly basis for the total fees due for all the bankruptcies you have petitioned for in the previous month. If you wish to receive an invoice on a monthly basis, you must contact our Finance department detailing the name of your organisation, the average number of petitions you expect to lodge per month and details of the bank account from which the fees will be paid.
Finance Department
Accountant in Bankruptcy
1 Pennyburn Road
Kilwinning
KA13 6SA
If you wish more information regarding the process for applying for someone to become bankrupt, please read the Creditor's Guide or contact us on: 0300 200 2600.