Going through bankruptcy in Scotland with CAP

Name: Christians Against Poverty UK
Price range: $

Young male stood sideways smiling broadly at the camera.

What you need to know about going through bankruptcy in Scotland with CAP

Bankruptcy isn’t as scary as it seems – it’s a straightforward process that allows you to become debt free relatively quickly. If you’re unable to repay your debts, it might be the right solution for you.

There are two main types of bankruptcy process in Scotland: Minimal Assets Process (MAP), and Full Administration.

Please note

The following information applies only to people currently living in, or recent residents of, Scotland.

How do I apply for MAP?

To qualify for MAP, you must meet some specific criteria. If you’re eligible, we can advise and support you through the application process.

More about applying for MAP

How do I apply for bankruptcy?

1. Getting started

You’ll receive a letter from us explaining your insolvency advice along with a copy of the Full client agreement, which you need to sign and return. If your case has just been set up, your Debt Coach may have already discussed this with you.

2. Paying for your bankruptcy application

You may have to pay an administration fee for bankruptcy. This is not a fee payable to CAP for our service which is, and will always be, free of charge.

Minimal Asset Process (MAP) is free for those with benefits as their only income or are on a qualifying benefit such as Universal Credit and who have assets of under £1000 or £3000 for a car.

MAP costs £50 for those who are working, have minimal assets and no disposable income.
Full Administration bankruptcy costs £150

You may not be required to pay the administration fee if you are assessed as having no disposable income or if you receive qualifying benefits.

We will advise you which of these routes is most suitable and if the fee applies to you.

3. Giving your information to CAP

At this stage, CAP may get in touch to request extra information. This could include particular documents to confirm your circumstances.

4. Your online application

Bankruptcy in Scotland involves an online application that we will submit on your behalf following discussion and your consent.

5. Approved!

Once your application is submitted, it will be reviewed by the Accountant in Bankruptcy (AiB) and if they approve it, you will be awarded bankruptcy.

Questions

Will anyone find out about my bankruptcy?

All Scottish bankruptcies are listed on the Register of Insolvencies. Your details will be removed from this register two years after you have been discharged from bankruptcy. Although this is public, it’s unlikely anyone but your creditors will search for a record of your bankruptcy.

Will my job be affected?

There is normally no reason for your employer to be told about your bankruptcy if you’re currently working, though we advise that you check your contract of employment to be certain. However, there are some jobs you are not allowed to have during your bankruptcy, including being a solicitor or a director of a limited company. It might affect jobs in banking and financial services too. There are also voluntary jobs you can’t do, like being a trustee of a charity or a school governor. If you’re unsure if your job will be affected, you should speak to your employer.

How will bankruptcy affect me?

Once your bankruptcy has been approved, you’ll be officially declared bankrupt. The bankruptcy will formally end (you will be discharged) after six months for a MAP or twelve months for full bankruptcy. During these months, there are some things that you need to be aware of:

Income

If you have an increase in your income, this will need to be declared to the Accountant in Bankruptcies (AiB). If you’re receiving income from a wage or a private pension, the AiB may ask you to make a monthly payment towards the bankruptcy. This is called a Debtor Contribution Order and it usually lasts for 48 months.

Personal details

It’s your responsibility to keep the AiB up-to-date with any changes in your circumstances during this twelve-month period. This includes your employment, financial changes and any other personal details.

Assets

If you receive an asset of significant value or a lump sum of money (like lottery winnings, inheritance or a tax rebate) during your bankruptcy, you’ll need to declare this to the AiB. It’s likely that they will seek to take this and use it to pay your creditors.

Credit

If you want to take out more than £2000 of additional credit during your bankruptcy, you must tell that creditor that you are bankrupt.

What will happen to my bank accounts?

You may find that any bank accounts in your name are ‘frozen’ after your bankruptcy is approved. It is usually only for a few days. This is just temporary and isn’t the same as your account being closed. During this time, you may not be able to take out any cash or make payments on a debit card. Any Direct Debits or standing orders you’ve set up will be delayed until after this period.

Because of this, it’s a good idea to withdraw any cash that you may need during this time, before you submit your bankruptcy application. It may also be sensible to submit your application just after being paid to ensure you have enough money to take some out beforehand.

Your bank may decide to close your account once you’ve been made bankrupt. If this happens, you should be able to find another bank that can provide you with a basic bank account. It may be sensible to wait until after you’ve submitted your bankruptcy to open a replacement bank account, otherwise you’ll have to list this new account on your bankruptcy application.

Some banks only allow bankrupt customers to have a specific kind of account. This may mean your existing bank may make you change the type of account you have. If you want to be certain about what your bank will do, get in touch with them about your options before we submit your application.

Go back to other potential routes out of debt

Visit the page with the other routes out of debt

Manage cookies