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Scottish Bankruptcy/Sequestration Pros and Cons

 
 

Advantages

Bankruptcy in Scotland is called Sequestration. Sequestration is a legal way of dealing with debts that you cannot afford to pay. It will clear all of your unsecured debts and make sure that your assets are shared out fairly amongst your creditors.
Anyone can be sequestrated if you owe over £1500 and are struggling to make repayments when they fall due.

  • Creditors are legally no longer allowed to harass you for payment and no further action can be taken
  • The debt will be wiped off completely
  • Pensions and benefits will not be affected
  • Could be Discharged from sequestration within 12 months

Disadvantages of IVA:

  • Any valuable asset that you own will have to be sold (includes endowment policy and your home)
  • Certain jobs can be affected by sequestration
  • Your sequestration will be advertised in the Edinburgh Gazette
  • Sequestration will be on your credit files for 6 years


Restrictions of sequestration

  • You must not obtain credit over £250 without informing the lender that you are bankrupt
  • You are not allowed to be a director of a limited company or be involved of the day to day management of a limited company without the courts permission
  • You cannot act as a member of parliament or serve certain public bodies (local councils, schools boards ect)