To ask the Scottish Executive how many debtor-led petitions for bankruptcy there were in the last quarter for which information is available and how this compares with the same quarter in the previous year.
Prior to 1 April 2008, debtors presented petitions for their own bankruptcy to the courts. Since 1 April 2008 those people who wish to make themselves bankrupt must apply directly to the Accountant in Bankruptcy by way of debtor application.
The following table shows the number of debtor petitions to the courts in the third quarter of 2007-08 and the number of debtor applications to the Accountant in Bankruptcy in the third quarter of 2008-09. The number of awards of bankruptcy as a result of debtor petitions or applications in the same periods are also shown.
There is no direct correlation between the petitions or applications for bankruptcy and those awarded in any particular period of time due to internal processes.
Debtor Petitions/Applications and Awards “ Third Quarter
| 2007-08 | 2008-09 |
Debtor petitions to the courts | 604 | - |
Debtor applications to AiB | - | 3,245 |
Awards as a result of debtor petition/application | 619 | 3,251 |
Note: Information on numbers of petitions supplied by the Scottish Court Service. Information on debtor applications and awards collated by the Accountant in Bankruptcy.
*No information is recorded on debtor petitions to the Court of Session “ the vast majority of debtor petitions would have been presented at a sheriff court.
No direct comparison can be made between the figures in the current year and figures reported on in previous years as the application process and criteria for award of bankruptcy are different.
The number of debtor applications and the increase in the number of awards in 2008-09 is associated to a new route into bankruptcy for those with Low Income, Low Assets (LILA) which was introduced on 1 April 2008.