FOI/202600513794 · FOI · unclear
Bankruptcy and Debt Arrangement Scheme information: FOI release
Information requested
1. Can you disclose paperwork issued to debtors and the forms they may be required to fill in but not limited to award of sequestration and or forms which are required to be filled in as part of the supervision process during bankruptcy.
Full administration bankruptcy Minimal asset process Debt Arrangement Scheme
2. Can you also advise the amount of referrals to copfs for failure to comply and / or offences under the bankruptcy Scotland act 2016.
Response
1. Most forms required for bankruptcy or the Debt Arrangement Scheme are statutory and are available at legislation.gov.uk. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. To assist you with locating these I have attached a list of the relevant regulations on Annex A. If, however, you do not have internet access to obtain this information from the website please contact me and I will send paper copies.
Each case is dealt with due to individual circumstances, however, I have listed template letters and forms issued for bankruptcy by the Accountant in Bankruptcy as trustee in a bankruptcy and their supervisory roles under the Bankruptcy (Scotland) Act 2016 (The Act) on Annex B.
Each case is dealt with due to individual circumstances, however I have listed template letters and forms issued by the DAS Administrator on Annex C.
2. Most inappropriate or blameworthy behaviour is dealt with through Bankruptcy Restriction Orders, whilst less serious infractions can be dealt with by withholding the debtor’s discharge.
Only the most serious cases are referred to the Lord Advocate. There have been nine such referrals since the introduction of the Act on 30 November 2016.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Detected exemption language
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.