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What is a Bankruptcy Restriction Order? (BRO)

Sharon McDougall - 23rd January 2025 - 3 minutes to read

Your Trustee will inform the Accountant in Bankruptcy (AiB), and if their suspicions are upheld, a BRO of 2-15 years can be made depending on the seriousness of the case. Restrictions can cover your personal, financial, and professional life, and have a far-reaching effect in many instances.

Why would a Bankruptcy Restrictions Order be granted?

A BRO may be made for failing to cooperate with the trustee at any stage - not supplying the information required for sequestration, for example, or misleading the trustee on the level of debt you owe.

Other examples can include:

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What is the effect of a Bankruptcy Restriction Order?

Restrictions involve your personal and business life and include, but are not limited to, the following:

  • Having to inform potential lenders of your Bankruptcy Restriction Order if you’re seeking credit in excess of £2,000 (either singly or jointly), or you’ve incurred debts in excess of £1,000 since being made bankrupt, and are seeking any amount of further credit.
  • Not taking office as a local authority member
  • Not acting as a company director or taking an indirect role in forming, managing, or promoting a company, without express permission from the courts

Breaking these restrictions is a criminal offence, and can result in a prison sentence.

Bankruptcy Restriction Order during or after discharge

A Bankruptcy Restriction Order can be made during or following your discharge from bankruptcy.  The Accountant in Bankruptcy will let you know in writing about the potential BRO, and you have 14 days in which to respond.

If you feel it is incorrect you should let the Accountant in Bankruptcy know in writing, and include any evidence to support your case. This will then be investigated, a decision made as to whether to impose bankruptcy restrictions on you, and for what length of time.

If a Bankruptcy Restriction Order is imposed, it will be added to the Register of Insolvencies (RoI) - a public register that is free to access via the AiB website.

How to manage secured loans when in a trust deed?

Even though you will need to continue to service any secured borrowing, the good news is that your contractual monthly payments on these secured loans will be taken into account by the trustee when drawing up your proposed agreement. This means that the amount you have left over to pay into your trust deed will be reduced to reflect these secured loan payments. With this in mind, however, in order to be eligible for a trust deed you must have some money with which to pay the creditors included in the arrangement. If you do not have any money left over after paying your necessary bills and secured debts, then you will not be able to enter into a trust deed and instead you will have to consider an alternative debt solution such as sequestration.

How Scotland Debt Solutions can help

Knowing which debt solution is the right one for you and your circumstances can be difficult. It is therefore vital that you seek expert help and advice from a professional to ensure you make the best decision possible. Scotland Debt Solutions have been helping Scots manage their debt problems for almost 30 years and are perfectly placed to help you too. 

By taking out a trust deed with Scotland Debt Solutions, we can help stop the phone calls and letters from those you owe money to. We will take responsibility for liaising with your creditors and letting them you that you have entered into a Trust Deed, and that all further communication must go through us.  Call our advisers today on 0800 063 9250 to arrange an appointment with our debt experts.

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Sharon McDougall Square

Sharon McDougall

Manager

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