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Personal insolvency solicitors

Our team is the sole legal provider for the Accountant in Bankruptcy, the government official appointed as trustee in some 75% of all personal bankruptcies in Scotland.

Overview

Get the best personal insolvency advice

We have unique expertise and experience in advising on the range of legal issues arising in personal bankruptcy that no other legal firm in Scotland comes close to matching.

Our team is sole legal providers for the Accountant in Bankruptcy (AIB), the government official appointed as trustee in some 75% of all personal bankruptcies in Scotland.

Our involvement in all of the leading personal insolvency cases has reinforced our pre-eminent position, and we are regularly consulted by insolvency practitioners, insolvency professionals and other solicitors to assist in a wide range of personal bankruptcy cases.

We are also able to advise creditors, whether they be financial institutions, landlords or trade creditors in relation to their rights to recover debts due to them either using the insolvency process or in cases where bankruptcy has arisen.

We can also advise individuals facing personal insolvency or who have been made bankrupt to help protect assets such as the family home.

Work

Our work

We have been involved in all of the recent leading cases in the area of personal bankruptcy

Accountant in Bankruptcy (AiB)

Overview

  • Application by the AiB in the Sequestration of VCY- We established before Sheriff that payment of statutory interest is not a necessary prerequisite for recall of sequestration being granted when a debtor applies for recall on basis of having paid debts in full. We were later successful before the Sheriff Appeal Court, which upheld the AiB’s position.
  • Smith AiB – We successfully resisted an application made by a debtor seeking an order that Compensation for mis-selling of a pension prior to date of sequestration vested in him. The sheriff agreed that the funds should be paid to the trustee although paid post the acquirenda period.
  • AiB v Allan – We established that the transfer of one half of a heritable property could not be categorised as a “conventional gift for the purpose of section 98(6)(c) of the Bankruptcy (Scotland) Act 2016 and so amount to a defence to a challenge that there has been a gratuitous alienation.
  • AiB v Brooks – Appearing before the Sheriff Appeal Court and confirming that a party defending an application by a trustee to sell a family home must aver a specific and relevant case. The Sheriff Appeal Court upheld the AiB’s approach based on AiB v Clough and Macleod’s Trs v Macleod.
  • AiB v Davies – Establishing that the requirement to renew the statutory inhibition within three years of the date of sequestration to avoid a family home re-vesting in terms of section 112 of the 2016 Act is not a continuing requirement that must be observed before each subsequent triennial anniversary.
Testimonials

“James Lloyd heads the firm’s insolvency practice and remains a distinguished authority in the Scottish market. He is able to handle all manner of disputes and frequently represents the Accountant in Bankruptcy.” Clients add “James Lloyd is very pragmatic in bringing resolutions.” and “James has a near encyclopaedic knowledge of the law. Working with him is enjoyable.”

– Chambers UK 2022

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