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Can I apply for my own sequestration?

Sharon McDougall - 5th February 2025 - 3 minutes to read

When you’re struggling to repay unsecured debt and see no way out of a dire financial situation, personal bankruptcy can seem like the only option.

This process is known in Scotland as sequestration, and involves handing over your assets to a Trustee who sells them in order to repay your creditors.

It is possible to apply for your own sequestration under certain conditions, and for some people this is the only way to bring to an end a period of significant worry and stress. There are two different avenues into sequestration when applying for yourself, one of which is called the Minimal Asset Process, or MAP.

Both routes have specific eligibility criteria, and need the input of an approved money advisor to identify whether there are better alternatives available that would help you deal with your debt.

 

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How to enter sequestration under the full administration route, as opposed to MAP?

  • Your debts must total £1,500 or more
  • You have to live in Scotland
  • You must not have been sequestrated during the previous five years
  • You must have received advice from a qualified money advisor who has issued you with a Certificate of Sequestration

How to apply for sequestration under the Minimal Asset Process?

  • Your unsecured debts must total more than £1,500, and less than £17,000*. (*This figure is temporarily set at £25,000 following the Scottish Coronavirus Act).
  • You must be resident in Scotland
  • Your assets must not be worth more than £2,000, with no single asset being valued at over £1,000
  • You should not own any property or land
  • You must not have been sequestrated via MAP within the last ten years
  • You need to have been receiving benefits for a minimum of six months, or have been assessed by a money advisor as unable to make a financial contribution to your creditors

How to apply for your own bankruptcy in Scotland?

The process of applying for sequestration is relatively straightforward, and involves the completion of a debtor’s petition form. This form is sent to the court along with the Certificate of Sequestration which proves your insolvency – the certificate is valid for 30 days from the date of issue. Your money advisor will be able to assist you in completing the form, and advise on procedures once the court has granted your sequestration.

What are the advantages of applying for your own sequestration?

Disadvantages of choosing sequestration 

Scotland Debt Solutions works solely on behalf of Scottish residents and can offer further guidance on the sequestration process. Call one of our experts to arrange a free same-day meeting in complete confidence at one of five offices around Scotland.

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Sharon McDougall

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