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.
Our team is sole legal providers for the Accountant in Bankruptcy, the government official appointed as trustee in some 75% of all personal bankruptcies in Scotland.
Key contacts
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James Lloyd
Partner
We can advise on all aspects of personal insolvency including:
- Bankruptcy / Sequestration
- Challenges to pre sequestration disposals
- Debt Arrangement Schemes
- Protected Trust Deeds
- Sale and purchase from and to trustees and related property issues
- The debtor’s family home
- Recovery and realisation of debtor assets including assets in other jurisdictions
- Regulatory and technical matters
We have been involved in all of the recent leading cases in the area of personal bankruptcy;
The Accountant in Bankruptcy v John Grant
This case established the competency of applications being made to the Sheriff to re-appoint a trustee where new assets came to light after the trustee’s discharge. The speedy and cost effective process suggested by our team has been used extensively and has resulted in over £1 million in assets being recovered for creditors and the public purse.
The Accountant in Bankruptcy v Anthony Campbell
This case provided helpful guidance as to the circumstances in which a sheriff could defer a debtor’s discharge with the result that it is easier now for trustees to obtain such deferrals in circumstances where debtors have failed to cooperate in the sequestration process but the trustee is unable to point to any practical requirement for the deferral.
The Accountant in Bankruptcy v TW
This case upheld the approach taken by the Accountant in Bankruptcy in operating the Bankruptcy Restriction Regime introduced in 2008, An adverse decision would have potentially rendered the whole BRO regime inoperable.
The Accountant in Bankruptcy v Pattullo
This case established the personal liability of a trustee in bankruptcy or under a protected trust deed for the AiB’s statutory fees even in cases where there were insufficient assets to reimburse the trustee.
Some highlights
External recognition
Our Personal Invsolvency team is ranked as a specialist in Chamber UK Guide to the UK Legal Profession 2015
James Lloyd is among the UK’s highest ranked Leaders in the Field.
Chambers says: James Lloyd is a well-respected litigator, and handles a range of personal insolvency and asset recovery disputes. His clients appreciate his ability to "do an extremely good job under difficult circumstances."
Stephanie Carr is accredited by the Law Society of Scotland as a specialist in Insolvency Law. She has passed the Joint Insolvency Examination Board (JIEB) exams in personal insolvency and in liquidations.
Team highlights - Awards
Regional Firm of the Year at the UK Insolvency and Rescue Awards 2014
Winner of Insolvency Team of the Year at the Scottish Legal Awards 2012.
More from Harper Macleod
Why choose us?
You don't need a lawyer - not many law firms will tell you that. What you need is someone to provide a solution, and our advisors are dedicated and flexible enough to do just that.
Personal legal services
With one of Scotland's largest teams dealing with personal legal matters, we have specialist knowledge for every stage of your life - from buying a house to protecting your assets.
Awards
We are one of Scotland's leading, most successful law firms but you don't have to take our word for it. Our performance has consistently been recognised by our peers.