Insolvency cases about an individual have an appointed trustee that is either the Accountant in Bankruptcy (AiB) or an insolvency practitioner (IP). In all insolvency cases about a company an IP is appointed.
If the AiB or IP knows that you’re 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.
This guide covers individual and company insolvencies in Scotland only. Find out about insolvencies in England and Wales on GOV.UK.
The AiB is never appointed in a company insolvency. They do not deal with claims in any company insolvency cases.
You can also write to the AiB or IP dealing with a case, to let them know that you may have a claim in the insolvency, if (all of these apply):
- an individual or company owes you money
- you believe they may be subject to insolvency proceedings
- you've not had contact yet
Contacting the AiB or IP dealing with a case
You should give in writing:
- the full name of the individual or company that owes you money
- your own details
- details of the debt
- copies of supporting documentation including invoices and delivery notes
It is also useful to give any information you:
- know about the assets of the individual or company
- want to share about the conduct of the individual or director(s)
This information may help the AiB or IP to recover assets or help in their duty to report misconduct.
The person appointed (AiB or IP) will send you a claim form. They'll explain what information you need to give to formally register your claim in the insolvency proceedings.
Find out who is dealing with a case
There are various ways of finding out who is dealing with a case.
You can search for company insolvencies on Companies House.
You can also check the AiB’s Register of Insolvencies for both:
- individual insolvencies (bankruptcies)
- company insolvencies (liquidations and receiverships)
The Edinburgh Gazette publishes certain insolvency notices.
You may need to check more than one name as bankruptcy awards can be made against both:
- individual partners
- the partnership itself, as this is a legal entity in its own right
After you’ve submitted your claim
You’ll receive reports to creditors. These reports will give you information about:
- the assets and liabilities of the individual or company
- the circumstances of the insolvency
- how much of the debt you might get back and when
- if there is no money available to distribute (share out) to creditors
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