beta This is a new service. Your feedback will help us to improve it.

Notes for Guidance - Bankruptcy (Scotland) Act 2016 (as amended)

This guidance describes the general functions of Accountant in Bankruptcy, interim trustees, trustees and commissioners in relation to their responsibilities regarding bankruptcies which started on or after 30 November 2016.

8.2 Debtor application

This role is undertaken by the Bankruptcy Applications and Decisions (BAD) team on behalf of the Accountant.

The BAD team must make an DCO on a Form 17 of The Regulations at the same time as awarding bankruptcy and will notify:

  • the debtor
  • the trustee
  • any third person who has been ordered to make the payments for the debtor i.e. an employer

When the BAD team has made a DCO the trustee is not required to re-assess the debtors income and expenditure using the CFT unless there are significant changes to the debtor’s circumstances, or a Current State of Affairs has been completed (see section 8.6).

Back to top