Reviewed 13th February 2024
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.
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:
Breaking these restrictions is a criminal offence, and can result in a prison sentence.
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.
The AiB can also make an Interim Bankruptcy Restrictions Order if they believe a debtor may continue to worsen their creditors’ financial position, or otherwise contravene the terms of their sequestration.
This provides more time to make the longer-term decision on whether a full BRO is required, and also its potential duration.
For more information about Bankruptcy Restriction Orders and how they might affect you, call our experts at Scotland Debt Solutions. We specialise in helping Scottish residents to escape debt, and can offer you a free same-day meeting to establish your situation.
Our debt report is completely easy to use and is a great starting point for anyone with over £5000 of debts looking to take control of their debt issues. By providing us with details of your incomings and outgoings we can suggest the most appropriate way forward for you.
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