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Publication - FOI/EIR release

Bankruptcy Restriction Undertaking offered by Accountant in Bankruptcy: FOI release

Published: 11 Jul 2018

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
11 Jul 2018
Bankruptcy Restriction Undertaking offered by Accountant in Bankruptcy: FOI release

FOI reference: FOI/18/01750
Date received: 25 June 2018
Date responded: 11 July 2018

Information requested

1. Please can you confirm how many debtors, who have been served with a Bankruptcy Restriction Order (BRO) since April 2008, were offered a Bankruptcy Restriction Undertaking (BRU), and how many have accepted a BRU from the AiB? I understand there have been approximately 230 BRO's issued by the AiB since its inception in April 2008.

2. Is it standard practice by the AiB to offer debtors' a BRU thereby ensuring the case does not involve going to court?

3. Under what circumstances would a debtor not be offered a BRU?

Response

1. Since 2008, 142 Bankruptcy Restrictions Undertakings (BRU) have been offered by debtors and accepted by the Accountant. Section 56G of the Bankruptcy Act 1985, as amended, refers.

2. It was AiB standard practice to provide the option of a BRU to debtors, prior to the introduction of the Bankruptcy and Debt Advice (Scotland) Act 2014. A BRU imposed the same restrictions on the debtor as a BRO, but did not require the matter to be presented to a sheriff.

With effect from 1 April 2015, a BRU cannot be agreed with a debtor if the debtor was made bankrupt on or after 1 april 2015.

3. All debtors would be given the option of singing a BRU. A letter would be issued to the debtor setting out the reasons for imposing the BRO, the period, the conditions and a proposal for reduced period if the debtor wished to offer a BRU.

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Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG