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The Accountant in Bankruptcy (Scotland’s Insolvency Service) operates the Register of Insolvencies.
This is the official register of personal insolvencies including protected trust deeds and bankruptcy.
As well as recording current personal insolvencies, the register also includes recently discharged cases, moratoriums, and trust deed adverts.
Anyone can use this online register to search for personal insolvency case information.
The Register of Insolvencies provides the following personal and case-management information:
• Name
• Address
• Date of birth
• Trustee details
• Start date
• Discharge date (client)
• Discharge date (trustee)
This information is publicly accessible during your Scottish trust deed or bankruptcy.
The record remains publicly accessible for one year from the date that your trustee gets discharged. It’s then removed from the register.
The online trust deed register is relatively user-friendly and you can use any combination of search terms to look up a personal insolvency record.
Example search terms include a forename, surname, street address, town, or a postcode.
The following simple steps will help you to find a register entry:
1. Visit the online register – click here
2. Click the “Search Insolvency, Protected Trust Deeds and Trust Deed Adverts” link
3. Enter relevant information (forename, surname, street address, postcode etc.)
4. Click “search” at the bottom of the page
You will usually be presented with a list of results. If the list is very long return to Step 3 (above) and add extra personal information.
If you cannot find the register record that you’re looking for return to Step 3 (above) and reduce the number of search terms. One incorrectly entered (or recorded) detail can prevent you from finding a register record.
Few people welcome their personal details being made public. Using a protected trust deed in Scotland is something many people would prefer to keep totally private.
This information is public but few people know that this statutory register exists.
The register website appears to be coded to prevent search engines from gleaning the personal information which is recorded there. We haven’t seen any Google search for an individual’s name return a result from the insolvency register.
Credit reference agencies record insolvency register information and share it with lenders. The Scottish trust deed register is also likely to be searched if you enter into a property transaction.
A register search may take place if your current employment is subject to vetting. Background financial checks as part of a recruitment process might also include searching the register.
Every type of statutory debt solution in the UK gets documented on public registers. Non-statutory debt management plans are not recorded on a public register.
The Debt Arrangement Scheme (DAS) in Scotland has a separate register because it is not a type of personal insolvency.
In England & Wales there is a single register containing all bankruptcy, IVA, and debt relief order case information.
In Northern Ireland there is an online public register for IVA cases. Bankruptcy and debt relief order records are maintained offline by the Bankruptcy and Chancery Office at the High Court.
The Edinburgh Gazette is a former public record of protected trust deeds and bankruptcy in Scotland.
Since November 2010 trustees haven’t had to register bankruptcies in the Edinburgh Gazette. The requirement to advertise trust deeds in the Gazette ended in November 2013.
Edinburgh Gazette entries are permanent and aren’t removed following discharge from trust deeds or bankruptcy.
If you’re worried about debt and have any questions please contact us.
Our friendly debt advice team will answer your questions and identify suitable debt solutions.