Notifications
Clear all

scotland

20 Posts
3 Users
0 Reactions
4,415 Views
(@sleeplessnights)
Active Member
Joined: 13 years ago
Posts: 14
Topic starter  

Hi i have been extremely stupid and have been advised bankruptcy in scotland. single parent no income, debts from previous 5 years totalling about 330000. in last three months i have blown about 20000 on gambling altho only 7000 has been through borrowing, the gambling will show on bank statements so dont know if i will be awarded bankruptcy, any advice would be helpful.


   
Quote
TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi sleeplessnights and welcome to the forum.

Having spent borrowed money on gambling will not prevent you from becoming bankrupt.

There are occasions when additional restrictions may be placed upon a person that is deemed to have built up some or all of their debt as a result of gambling.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
ReplyQuote
(@sleeplessnights)
Active Member
Joined: 13 years ago
Posts: 14
Topic starter  

Thank you for reply. Would I apply normal sequestration
Or LILA sequestration. Also would I wait three months
For clear bank statements of gambling. Also how
Long is the process usually before being declared


   
ReplyQuote
TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi again.

The route you take to bankruptcy depends upon your circumstances. This page may help to work out which ways are open to you:

https://www.trust-deed.co.uk/bankruptcy-sequestration.html

It should only take a few weeks.

You might be asked for more than three months bank statements.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
ReplyQuote
(@sleeplessnights)
Active Member
Joined: 13 years ago
Posts: 14
Topic starter  

It's all very confusing. Will bankruptcy be advertised
In local paper


   
ReplyQuote
TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Ask as many questions as you'd like sleeplessnights. Hopefully we can make it less confusing.

It will not be advertised in the local paper. There are public registers but people would likely have to go looking to find your details there.

The AIB sometimes publicise details of bankruptcy restriction orders and undertakings. These are sometimes issued when they consider pre-bankruptcy behaviour to have been inappropriate.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
ReplyQuote
(@sleeplessnights)
Active Member
Joined: 13 years ago
Posts: 14
Topic starter  

Thanks for reply. When you say the aib sometimes
Publicise the restrictions where would it b likely
To b publicised. Also should I state my behaviour along
With an application


   
ReplyQuote
TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

I'd just encourage you to fill in the forms honestly.

I have seen the AIB publicise restrictions and undertakings on their own website. Others would be free to write about what they find there.

I should say that the naming and shaming of individuals in this way appears to be restricted to the most serious cases. Have a look at the news section on their website and you may be able to see what I mean.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
ReplyQuote
(@candlewick)
Reputable Member
Joined: 14 years ago
Posts: 309
 

I think it's only for Bankruptcy Restriction Orders (BRO), imposed by the sheriff, that the person is 'named and shamed'.

Bankruptcy Restriction Undertakings (BRU) aren't published in that way - they just state where the person lives, the reason for the Restrictions, and the dates the restrictions start and finish.

So, if the AiB felt that restrictions were appropriate, and you accepted them, you would get a BRU, and your name wouldn't be published.

I take it that you do live in Scotland?


   
ReplyQuote
(@sleeplessnights)
Active Member
Joined: 13 years ago
Posts: 14
Topic starter  

Thanks for both comments. Yes candlewick I live in Scotland. In terms of a bru does that happen before bankruptcy is awarded. And can you get declined bankruptcy?


   
ReplyQuote
(@candlewick)
Reputable Member
Joined: 14 years ago
Posts: 309
 

If you meet the basic criteria for bankruptcy (and you've paid your 200 quid fee!) then the bankruptcy will be awarded.

This guide tells you more about 'the basic criteria', and a bit about how bankruptcy works:

https://www.aib.gov.uk/aib-1-debtors-guide

(If it doesn't work as a link, I hope that you can still find the guide!)

You wouldn't get a BRU before bankruptcy.


   
ReplyQuote
(@sleeplessnights)
Active Member
Joined: 13 years ago
Posts: 14
Topic starter  

Thank you for your help. I'm really anxious about going into bankruptcy and getting confused
By it all. Do you know if I apply for bankruptcy what sort out timescale
Before it would be granted


   
ReplyQuote
TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi sleeplessnights.

Assuming the forms are correctly completed the timescale will be pretty short.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
ReplyQuote
(@sleeplessnights)
Active Member
Joined: 13 years ago
Posts: 14
Topic starter  

Is that roughly a matter of weeks. Also if I get a restriction do they impose a restriction do they try for bru first before a bro


   
ReplyQuote
(@candlewick)
Reputable Member
Joined: 14 years ago
Posts: 309
 

If the forms are properly completed, and the fee has been paid, it can even be a matter of days to get the decision.

For BRUs/BROs, the first step will always be for the trustee to investigate whether or not there are grounds for restrictions. Then they'll pass the info to AiB.

If AiB agree that there are grounds for restrictions, they will give the person the opportunity to agree to a BRU. They will only go to court for a BRO if the person doesn't agree to the BRU.


   
ReplyQuote
Page 1 / 2
Share: