Click 'Accept all cookies' to agree to all cookies that collect anonymous data.
To only allow the cookies that make the site work, click 'Use essential cookies only.' Visit 'Set cookie preferences' to control specific cookies.
A letter for those staff involved in administering bankruptcy cases and protected trust deeds
Dear Trustee letter - Bankruptcy restrictions investigation applications for failure to co-operate
I would be grateful if you could bring the content of this letter to the attention of all your staff who are involved in the administration of your bankruptcies.
I am writing to notify you of an amendment to the evidence required when submitting a Bankruptcy Restriction Investigation (BRI) application to AiB, under the ground at Section 156(2)(n) of the Bankruptcy (Scotland) Act 2016 – Failure to co-operate.
As you may be aware, if the decision is made to refuse debtor discharge under section 137 of The Act, the debtor remains subject to the same restrictions as a Bankruptcy Restrictions Order (BRO) would impose.
However, there may be circumstances where the trustee considers the debtor’s behaviour to be more serious which may result in a BRO. Section 50(3)(ii) of The Act refers.
Where such circumstances apply, before submitting a BRI application to AiB for this ground, it is expected that the trustee will have used all avenues available to them within the legislation to obtain debtor co-operation. This includes obtaining a court order under Section 215 of The Act.
If the debtor fails to comply with the court order, the trustee should consider submitting a BRI application, via BASYS, enclosing all evidence, including a copy of the Section 215 order, for consideration.
If a Section 215 order is not included with a BRI application, no investigation will be taken forward
If you have any questions, please contact the Bankruptcy Restrictions Team at BRT@aib.gov.uk.