Bankruptcy and Debt Advice (Scotland) Bill. Claire Orr

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1 Bankruptcy and Debt Advice (Scotland) Bill Claire Orr

2 Background Consultation in spring 2012 Government response autumn 2012 On-going dialogue with stakeholders Bill introduced to Parliament June 2013 DAS Regulations amended from 2 July PTD changes from November, Corporate Insolvency and Business DAS to follow

3 Overview of the Bill Advice and Education Payments by debtor following sequestration Minimal Asset Process Moratorium on Diligence Application process Administration of estate Discharge Records Functions of sheriff and AiB Review of decisions by AiB

4 Advice Application for sequestration only if advice has been given by an approved money adviser Application must now include a declaration by the adviser that advice has been given A definition provided of who can act as money adviser will be made by Regulations

5 Education Provides for Regulations to set appropriate courses of financial education for debtors whose financial history and circumstances Identify them as vulnerable to recurring debts Content, format and delivery of the education will be set out in Regulations

6 Payments by Debtor Power to provide a common financial tool for assessing a debtor s income, allowed expenditure and debtor s contribution Debtor required to undertake to pay the contribution determined by the common financial tool Standard period of contribution 48 months New debtor contribution order replaces Income Payment Order. New payment break of up to 6 months

7 Minimal Asset Process New Minimal Asset Process (MAP) replaces LILA Assessed as not able to make a contribution or has been on benefits for at least 6 months Debts of at least 1,500 but no more than 10,000 Total assets do not exceed 2,000 and no single asset of more than 1,000 (except car, up to 3,000) and no land 6 month discharge Once in 10 year access to MAP

8 Moratorium on Diligence A new moratorium will apply on giving notice of intention to apply for a statutory debt solution Details will be entered by AiB on RoI and DAS Register Protected for 6 weeks No arrestment, money attachment, interim attachment or attachment of estate can have effect during this period Only one intimation in a 12 month period

9 Application process New statement of undertaking to be signed by the debtor which includes paying the determined financial contribution Failure to sign or comply could mean a delay in discharge

10 Discharge No automatic discharge, except in MAP cases Trustee will apply to AiB for discharge of debtor at the end of the sequestration If the Trustee is not applying for discharge, must explain to debtor why not Appeal to Sheriff if debtor disputes Discharge delayed indefinitely if debtor cannot be traced Process for re-opening if assets discovered that would have vested in the trustee

11 Functions of sheriff and AiB Administrative procedures passing to AiB from sheriff A few examples application by a Trustee for Direction Recall of sequestration where debts can be paid in full Appointment of replacement Trustee Bankruptcy Restrictions Curing defects

12 Review of decisions by AiB AiB will have a new Review function in relating to some of its decisions: Interim trustee Award of bankruptcy Replacement trustee Adjudication of creditors claims Discharge of Trustee or Debtor

13 Other Legislative changes DAS changes took effect on 2 July 2013 PTD changes come into effect on 28 November Corporate Insolvency December Business DAS 2014 Bankruptcy and Debt Advice (Scotland) Bill and Consolidation commencement April 2015

14 Questions for consideration What will you need to do in your organisation to prepare for the changes ahead? What help will you need from AiB and others?

15 THANK YOU Claire Orr, Executive Director, Policy and Compliance , 1 Pennyburn Road, Kilwinning, Ayrshire, KA13 6SA T F W

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