How to Apply

Scottish bankruptcy legislation applies to individuals, partnerships and other unincorporated organisations such as trusts. It does not apply to limited companies and other organisation’s registered at Companies House.

Subject to certain conditions, a debtor may apply to The Accountant in Bankruptcy for their own bankruptcy or a creditor can present a petition at a sheriff court to make someone bankrupt. The executor of a deceased individual’s estate can apply directly to AiB with a debtor application for the bankruptcy of a deceased debtor’s estate.

How can I check whether someone is already bankrupt?
If you are owed money from any individual and are considering taking steps to apply for their bankruptcy you should first check the Register of Insolvency before incurring any unnecessary costs. The Register is a free public search facility that will allow you to search for the name of an individual and will show if they are already subject to the bankruptcy process. You can start searching for free using the following link Register of Insolvencies.