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Applying for bankruptcy

To be declared bankrupt, you must show you have:

  • debts over £1,500
  • lived in Scotland during the last year or currently live in Scotland
  • not been sequestrated in the last 5 years

There are three routes to bankruptcy in Scotland. You will have to show you're eligible to apply for bankruptcy by meeting the following conditions:

  • the Minimal Asset Process conditions
  • you are "apparently insolvent" by either having granted a trust deed, or received a charge for payment or statutory demand and haven't paid the money owed in the timescale set
  • you have been given a formal 'certificate for sequestration' by an approved person — this can be a money adviser

Read guidance on routes into bankruptcy from National Debtline Scotland.

Fees

There is a charge of £200 to make yourself bankrupt. It may be possible to pay by instalments.

You should contact National Debtline Scotland, Citizens Advice Scotland or the Accountant in Bankruptcy if you can't pay the fee. Your solicitor will be able to advise on legal aid.

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