If the Accountant in Bankruptcy (AiB) or insolvency practitioner (IP) knows that you are a creditor, they'll contact you automatically. All known creditors are normally notified within a few weeks of the initial bankruptcy or winding-up order.
If you believe a company or individual that owes you money may be subject to insolvency proceedings and you haven't been notified, you should write to the AiB/IP dealing with the case.
Writing to the AiB/IP dealing with the case
You should give the full name of the company or individual, as well as your own details together with details of the debt, and provide copies of supporting documentation including invoices and delivery notes.
You'll then be sent a letter enclosing a prescribed claim form. Any information you can provide about the assets of the company or individual — or about the conduct of the director(s) or individual would also be useful.
This information may help the AiB/IP to recover assets or help in their duty to report misconduct.
Find out who is dealing with the case
There are various ways of finding out who is dealing with the case:
- for a company insolvency, search for details using the Companies House WebCheck service
- for a bankruptcy, get the relevant insolvency practitioner details by searching the AiB's Register of Insolvencies
- insolvency notices and details about administrators/liquidators/trustees are published in the Edinburgh Gazette
If a partnership is involved, bankruptcy awards may have been made against individual partners, as well as against the partnership itself, which is a legal entity in its own right.
After your claim is filed, you will be sent a 'report to creditors' advertising if a meeting of creditors is to be held. The report will give you information about the assets and liabilities of the company or individual, and the circumstances of the insolvency.
You'll be notified of the forecast dividend at the outset and of any distribution of money, or if no money is available and if the case is to be closed.
You can download a guide for creditors from the Accountants in Bankruptcy website.