Debtor application pack

June 2012


Debtor Application Pack – Form of debtor’s application under the Bankruptcy (Scotland) Act 1985 (as amended).

When To Use This Application Pack

You should only fill in this pack if you are applying for your own bankruptcy. If you are not an individual, for example if you are a partnership or trust etc, please use the Entity Debtor Application Pack.

The Application Fee

There is a non-refundable £200 fee for your application. This can be paid by cheque, postal order, at your local bank, over the phone by debit card or in person at our office. It is possible to pay the fee at your local bank by multiple small payments, e.g. 4 x £50,

which total the full fee amount. Further information on how to make payment is included on page 36. There are no exemptions or waivers for this fee.

Filling In This Application Pack

Please complete the forms clearly using BLACK INK and CAPITAL LETTERS. We may not be able to process your application if you do not answer each question fully or we cannot read your answers.

ALL QUESTIONS MUST BE ANSWERED IN FULL by ticking the relevant boxes and filling out all other information as required. Guidance notes, designed to help you complete the application, have been included throughout this pack.

You may be asked to send documents to support your application – details of these can be found in the guidance notes. If you do not meet the conditions or fail to provide the documents requested, your application may be rejected and the fee paid will not be refunded.

This pack contains 2 forms as prescribed by the Bankruptcy (Scotland) Regulations 2008 (as amended). These are:

Form 9 – Debtors application form (incorporating the statement of assets and liabilities).

This should be completed, signed and dated by all applicants.

Form 13 – Form of undertaking to act as trustee.

This should only be completed if you do not wish the Accountant in Bankruptcy to administer your bankruptcy.

WARNING

You may be committing a criminal offence if you deliberately do not disclose all relevant information or if you deliberately make a false statement when completing the forms in this pack.

Qualifying for Bankruptcy

Under Scottish legislation, if you meet certain conditions, you can apply to the Accountant in Bankruptcy (AiB) to make yourself bankrupt. This application form has been designed to assess whether you qualify for bankruptcy and which conditions you meet prior to the award. You must provide certain documents to support your application and pay the application fee.

Information on the bankruptcy process and conditions can be found on the AiB website at

www.aib.gov.uk or in our publication called ‘Debtor’s Guide’.

If you are unsure about any of the questions or what documents to send, please call us on

0300 200 2600.

The consequences of bankruptcy can be severe.

The Accountant in Bankruptcy cannot offer you advice on what action you should take regarding your finances.

You can get help, advice and information on how to deal with debt, including the Debt Arrangement Scheme, Trust Deeds or whether you should apply for bankruptcy from Citizens Advice Bureaux, Money Advice Scotland and other advice agencies. They may also be able to help you complete this form. Local addresses and telephone numbers for these agencies will be found in your phone book or by calling the numbers below:

Citizens Advice Scotland Money Advice Scotland

0131 550 1000 0141 572 0237

www.cas.org.uk www.moneyadvicescotland.org.uk

PLEASE NOTE: Being made bankrupt will adversely affect your credit rating. It may affect your employment prospects and your future ability to obtain credit. Some companies, including utility companies and banks, may have concerns about the way they provide their services to you, for example, some banks may freeze your funds or not allow you to keep an account.

We strongly recommend that you seek advice, if you have not already done so, before applying for bankruptcy.

YES NO

Did you receive advice from a money adviser before completing this form?

Did a money adviser help you to complete this form?

Sending In Your Application

You can hand in or post your completed application, supporting documentation and application fee (or bank payment receipt) to us at the following address:

Debtor Applications Team

Accountant in Bankruptcy

1 Pennyburn Road Kilwinning Ayrshire

KA13 6SA

Our hours of business are 9.00am to 4.30pm Monday to Friday. The office is closed on Saturday and Sunday and certain public holidays throughout the year. Information on opening times is available on the website at www.aib.gov.uk

The form MUST be signed and dated and the fee paid IN FULL before we can process your application.

We will normally respond to your application within 5 working days of receiving it. If you have not heard from us within 5 working days, please contact the Debtor Application Team on 0300 200 2850.

In some cases we may contact you to request further information.

Remember - If you do not meet the conditions or fail to provide the documents requested, your application may be rejected and the fee will not be refunded. Any further applications will incur additional application fees.

DATA PROTECTION STATEMENT

The Accountant in Bankruptcy fully recognises the importance of privacy and especially our duties under the Data Protection Act 1998.

Please note: Any personal information provided to us will be used to discharge our statutory functions under the Bankruptcy (Scotland) Act 1985 and other relevant legislation.

We (or an agent acting on our behalf) may also contact you to discuss your experience of using our service as part of our ongoing commitment to customer service. Sensitive personal information will not be disclosed to third parties except in special circumstances as provided by legislation. With this in mind, we are unable to discuss your application with a third party unless you provide us with a signed mandate authorising us to do so.

A full copy of our Data Protection Policy is available on request.

Debtor Application Pack – Form 9

Please complete this form clearly in BLACK INK using CAPITAL LETTERS.

WARNING

You may be committing a criminal offence if you deliberately do not disclose all relevant information or if you deliberately make a false statement when completing the forms in this pack.

The information on this page will help you complete the questions on page 5. It may be useful to read it question by question as you go along.

Q1. Enter the title you are known by (Mr, Mrs, Miss, Ms or other title), your surname (last name) and your first name. If you have any middle names, enter these after your first name.

If you are, or have been, known by any other name(s), please provide details.

Q2. Enter your date of birth in the order – day, month and year. Use 2 digits for the day and the month: 4 digits for the year, for example, 10/07/1975.

Q3. Enter your current address in full. Please note: There are separate lines for the town and postcode. Provide details of the type of property (detached, semi-detached, flat, bungalow etc.).

Confirm how long you have lived in this property.

Enter your telephone number, including the area code. This is very important as we may need to contact you regarding your application form.

Enter your mobile phone number, if you have one, and indicate if you would prefer us to contact you using your mobile number.

Enter your e-mail address if you have one. This will help us to get in touch with you quickly if we need to.

Debtor Application Pack – Form 9

The information on page 4 will help you complete this page.

Please complete this form clearly in black ink using capital letters.

1. Title

(Mr/Mrs/Miss/Ms or other title) Surname

First and middle names

Any other names you are, or have been, known as

2. Date of Birth

(DD/MM/YYYY)

3. Home address

(house name or number & street) Town

County

Postcode

Type of property


AiB Official Use

How long have you lived at this address?

Contact telephone number

(including area code)

Mobile (if different from above) E-mail address


years months

The information on this page will help you complete the questions on page 7. It may be useful to read it question by question as you go along.

Q4a. Tick ‘yes’ if you owe £1,500 or more.

Your must owe a total of £1,500 or more (including interest) before you can make yourself bankrupt. This can be made up of a single debt or the total of several debts.

If you have answered ‘no’ DO NOT CONTINUE with this application. You can seek advice from a money adviser on other options that may be available to you.

Q4b. Tick ‘yes’ if you have been made bankrupt in Scotland within the last 5 years.

If you answered ‘yes’ DO NOT CONTINUE with this application as you can only make yourself bankrupt once during this period.

If you are not sure you (or a money adviser) can check the Register of Insolvencies

(ROI) free of charge at www.aib.gov.uk/ROI. You can also call us on 0300 200 2600.

Please note: The Accountant in Bankruptcy will charge an administration fee to search the ROI for you.

Q4c. Tick ‘yes’ if you are currently bankrupt (or the equivalent) in England, Wales, Northern

Ireland or any other country outside Scotland.

Please state the country where you were made bankrupt and the date of award.

You must enclose the award of your bankruptcy with your application.

Q4d. Tick ‘yes’ if you have previously been made bankrupt (or the equivalent) outside Scotland. Please confirm the country where you were made bankrupt and the date of award. You must also provide details of your name at the time of your bankruptcy if it is different from your current name.

Q5. Tick ‘yes’ if you have lived outside Scotland at any time during the last year.

This includes any time spent in England, Wales or Northern Ireland, (including any time spent studying or working) but does not include any time spent on holiday.

If ‘yes’, please state which country and the dates you lived there.

The information on page 6 will help you complete this page.

4a. Do you have debts of £1,500 or more? Yes No

If you answered ‘no’, DO NOT CONTINUE with this application.

You cannot make yourself bankrupt unless you have debts of £1,500 or more.

4b. Have you been made bankrupt in Scotland during the

last 5 years? Yes No

If you answered ‘yes’, DO NOT CONTINUE with this application.

You cannot make yourself bankrupt again during this period.

4c. / Are you currently bankrupt (or the equivalent) in any country outside Scotland? / Yes / No
If you answered ‘yes’, please confirm the name of the country and the date you were made bankrupt:
Country:
Date:
4d. / Have you previously been made bankrupt (or the equivalent)
in any country outside Scotland? / Yes / No
If you answered ‘yes’, state the name of the country and the date you were made bankrupt:
Country:
Date:
Name (if different from current):
5. / Have you have lived outside Scotland at any time during the last year? / Yes / No
If ‘yes’, state the name of the country and provide dates:
Country:
Date(s):

Continue on another sheet if necessary

The information on this page will help you complete the questions on page 9. It may be useful to read it question by question as you go along.

Q6. Tick ‘yes’ if you currently own, or are the director of, a business or company (including self employed tradesmen) whether that business or company is situated in Scotland

or elsewhere. You should also tick ‘yes’ if you have previously owned or been a director of a business or company in the last 5 years.

If you tick ‘yes’, please provide details of the business or company, including name, address and your role or position. You should also confirm the business or company trading dates and, if applicable, that date the business or company stopped trading.

Q7. Tick ‘yes’ if you have been issued with a Certificate for Sequestration signed by an authorised person. This Certificate is provided by a money adviser or an insolvency practitioner who, after reviewing the financial information (statements, payslips etc.)

you have provided, certifies that you are unable to pay your debts as they become due.

The Certificate must not be dated more than 30 days before the date of your signature on this application pack and sent with your application. If you do not include your Certificate, we may not be able to process your application. It may be rejected and the fee paid will not be refunded.

If you tick ‘yes’ and you have a Certificate for Sequestration, please go straight to question 10b on page 12.

If you tick ‘no’, proceed to question 8.

Q8. Tick ‘yes’ if you have ever taken part in a debt payment programme (DPP) under the Debt Arrangement Scheme (DAS). Only tick ‘yes’ if you have ever taken part in DAS, not a voluntary arrangement or a debt repayment plan administered by a private company.