How Do You Apply For MAP Bankruptcy In Scotland?
Through an approved money adviser, who checks the eight conditions, grants your certificate for sequestration and submits the debtor application to the Accountant in Bankruptcy online. You cannot submit it yourself.
The application itself is short. The work sits in the preparation, because the decision is made on the papers and an incomplete file is what stalls a case.
- Part of your pay is protected by law
- The deduction is set by statutory tables, not the creditor
- An arrestment can be stopped or replaced
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Here is the sequence, the paperwork, the deadlines, and what happens if the application is refused. Whether you are eligible in the first place is the question to settle before any of it.
Who can make the application?
An approved money adviser, on your behalf. Section 4 of the Bankruptcy (Scotland) Act 2016 requires money advice before any debtor application, and only a money adviser can grant the certificate that section 2(2)(f) demands.
The approved categories
Regulation 4 of the Bankruptcy (Scotland) Regulations 2016 prescribes them, and regulation 5 sets out who may not be approved.
- Insolvency practitioners qualified under section 390 of the Insolvency Act 1986, and staff they authorise to give money advice.
- Advisers in organisations holding Type 2 accreditation or above under the Scottish National Standards for Information and Advice Provision.
- Approved money advisers under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002.
- Employees of full member citizens advice bureaux, and local authority money advisers.
You cannot apply for yourself
mygov.scot is explicit that you apply through an approved money adviser and cannot apply yourself, and that the adviser submits it online for you.
Citizens Advice Scotland puts the same point plainly: if you are considering bankruptcy, you will need help from a money adviser. Because bureau advice is free, a paid firm is a choice rather than a necessity.
What has to happen before the application goes in?
Money advice under section 4, the debt advice and information package under section 3, and a certificate for sequestration granted under section 9. Only then can an application be made.
The steps in order
| Step | What happens | Who does it |
|---|---|---|
| 1 | A full budget and debt review using the common financial tool | Your money adviser |
| 2 | Advice on all the options, and the debt advice and information package under section 3 | Your money adviser |
| 3 | The eight conditions in section 2(2) checked against your figures on the day | Your money adviser |
| 4 | A certificate for sequestration granted under section 9, on Form 2 | Your money adviser |
| 5 | Evidence gathered, and the debtor application completed and signed | You and your adviser together |
| 6 | The application submitted online to the Accountant in Bankruptcy | Your money adviser |
| 7 | The decision, which mygov.scot says usually arrives within 8 working days | The Accountant in Bankruptcy |
Your adviser has to cover the alternatives with you before anything is signed. A Debt Arrangement Scheme against a Minimal Asset Process is the comparison most people need first.
Regulation 6 of the 2016 Regulations sets out other matters on which advice has to be given. The conversation is meant to be wider than the application in front of you.
The certificate, and its 30-day life
Your adviser grants it under section 9 once you can demonstrate that you are unable to pay your debts as they become due.
Regulation 10 of the 2016 Regulations gives a granted certificate 30 days. An application made after that fails condition (f), whatever else is in order, and a new certificate has to be granted.
For a Minimal Asset Process the certificate is the only way in. An applicant for the longer form of sequestration can instead rely on apparent insolvency.
Worried about sheriff officers while you sort this out? Get free help
Free, confidential and no obligation.Which documents does the Accountant in Bankruptcy need to see?
The certificate, proof of your income route, proof of tenancy, vehicle paperwork and bank statements verifying your balances at the date you sign. The income route adds payslips and evidence of essential spending.
The checklist, by route
| Evidence | Benefits route | Income route |
|---|---|---|
| Certificate for sequestration | Required | Required |
| Latest benefit payment evidence, such as a letter, correspondence, a bank statement or a full universal credit statement | Required | Not applicable |
| Payslips covering 3 months or 12 weeks | Not applicable | Required where employed |
| Self-employed accounts, or an income and expenditure breakdown for at least a month | Not applicable | Required where self-employed |
| Pension statements covering 3 months | Not applicable | Required where in payment |
| Evidence of essential expenditure, with the bank statement entries highlighted | Not applicable | Required |
| Proof of tenancy | Required | Required |
| The car agreement, where a vehicle is on Motability or hire purchase | Required | Required |
| A vehicle valuation, for a car owned outright | Required | Required |
| Bank statements verifying balances at the date the application is signed | Required | Required |
That is the Accountant in Bankruptcy’s own essential evidence checklist, and the requirements differ depending on which limb of section 2(2)(a) you rely on.
Two details that hold applications up
Vehicle valuations have a standard attached. The Accountant in Bankruptcy’s guidance on assets expects an independent recognised source such as Glass’s guide, Parkers or a car dealership, and expects your adviser to record why the vehicle is necessary.
Bank statements have to show your balances at the date of signing, and savings across accounts are added together in practice. Keeping your car in a MAP covers the vehicle evidence in detail.
The form
There is no separate Minimal Asset Process form. The same debtor application covers both routes, and which one you are on is decided by whether the section 2(2) conditions are satisfied.
What does it cost to apply?
Nothing. The advice is free, you should not pay anyone for it, and there is no application fee for a Minimal Asset Process.
The application fee was abolished
There is no fee to apply for Minimal Asset Process bankruptcy. The fee that used to apply was removed on 6 February 2023, and the Accountant in Bankruptcy’s own guidance lists no application fee.
The instrument is regulation 4(3)(c) of the Bankruptcy Fees (Scotland) Amendment Regulations 2023, which replaced the fee item in its entirety. Its explanatory note says in terms that the Minimal Asset Process fee is removed.
So commercial pages still stating £50 or £90 are quoting a repealed figure. National Debtline and StepChange both say the same, and so does the Accountant in Bankruptcy.
Full administration sequestration carries a £150 application fee, and that is waived for people receiving certain benefits or assessed as having no surplus income.
What is free either way
Money advice itself. Citizens Advice Scotland, StepChange, National Debtline, Advice Direct Scotland and most council money advice teams do this work at no charge, and what free debt advice is available in Scotland lists them.
No part of the route requires a paid provider. Whether to use a free charity or a paid adviser is worth reading before you sign up to anything.
What happens once the application is submitted?
The Accountant in Bankruptcy decides it, and section 22 requires an award forthwith once it is satisfied that the statutory requirements are met. mygov.scot says a decision usually arrives within 8 working days.
No hearing, and nothing to attend
There is no court involvement in awarding a Minimal Asset Process. You do not appear anywhere and no creditor gets a vote.
From the date of the award your estate vests in the Accountant in Bankruptcy as trustee, and an existing earnings arrestment ceases. Whether a MAP stops a wage arrestment sets out the timing of that.
The award becomes public
An award of sequestration is entered on the Register of Insolvencies, which the Accountant in Bankruptcy keeps and which anyone may inspect. That happens whichever route you take.
What your creditors are told
Schedule 1 replaces the usual notice to creditors. The Accountant in Bankruptcy prepares a statement of your affairs recording that, because section 2(2) applies, no claims may be submitted by creditors.
A copy goes to every known creditor. There is no claims process to respond to and no dividend to wait for.
What you are asked to do next
A debtor contribution order is made and fixed at zero. The Accountant in Bankruptcy’s guide for MAP debtors says you must still report income changes, money received and inheritances.
Discharge then follows automatically six months after the award. How long a MAP lasts deals with what happens in the six months after that.
What if the application is refused?
You can ask for a review, and appeal the review decision to the sheriff. Section 27 of the 2016 Act gives 14 days for the first and 14 days for the second.
The two statutory stumbling blocks first
Under section 20 you have 21 days to provide anything further the Accountant in Bankruptcy asks for, and that period may be extended. Failing to comply may end in a refusal.
Under section 21 the Accountant in Bankruptcy has to specify in writing why an award may not be appropriate, and must give you a period to respond. It may refuse only once that period has expired and it remains of that view.
The route after a refusal
| What has happened | What you can do | Where it comes from |
|---|---|---|
| Something is missing from the application | You have 21 days to provide the information, evidence or payment, and that period may be extended | Section 20 |
| An award may not be appropriate | The Accountant in Bankruptcy must tell you in writing why before it can refuse on that ground | Section 21 |
| Sequestration is refused | You have 14 days to apply to the Accountant in Bankruptcy for a review of the refusal | Section 27(5) and (6) |
| The review runs | Representations made within 21 days are taken into account, and the refusal is confirmed or sequestration awarded within 28 days | Section 27(7) |
| The refusal is confirmed | You have 14 days to appeal to the sheriff | Section 27(8) |
| The appeal is heard | It may be made on a matter of fact, on a point of law or on the merits | Section 214 |
That right of review sits in section 27, which is headed as further matters in relation to an award, rather than in the sections dealing with refusal. It is why so many pages say there is no appeal.
The practical step alongside it
Your certificate will usually have gone stale by then, given its 30-day life. Ask your adviser to grant a fresh one at the same time as considering a review.
A refusal may also mean a different solution fits better. Minimal Asset Process against full sequestration and our Scottish debt solutions pages cover the alternatives.
What goes wrong most often?
Paperwork, timing and figures that have moved. Bank statements dated at signing, a current certificate and a proper vehicle valuation prevent most of the delays people run into.
The four to watch
- A certificate granted more than 30 days before the application is made.
- Balances that crept above the asset limits between the appointment and the signature.
- A car valued from a classified listing rather than an independent recognised source.
- Debts that were missed off, which can move you over the £25,000 ceiling.
If your figures change before you sign
Eligibility is tested on the day the application is made, not on the day you first saw an adviser. A tax refund, a small inheritance or a car sale in between can change the answer.
Tell your adviser about anything that has moved. It is far easier to deal with before the application goes in than afterwards.
Be candid, and it costs you nothing
Accurate figures protect you. The Accountant in Bankruptcy warns that concealing assets or making false declarations may lead to a bankruptcy restrictions order and to discharge being refused.
That is the Accountant in Bankruptcy’s own wording, and section 140 gives no power to defer a discharge while the case remains a Minimal Asset Process. Refusal of discharge operates through conversion to full administration under paragraph 2 of Schedule 1.
If enforcement is already running while you get the papers together, our sheriff officer advice explains what they can and cannot do in the meantime, and how a MAP works sets out what the award changes.
Frequently asked questions
Can you apply for MAP bankruptcy online yourself?
No. mygov.scot states that you apply through an approved money adviser and cannot apply yourself, and your adviser submits the application to the Accountant in Bankruptcy online.
How long does the certificate for sequestration last?
Thirty days, under regulation 10 of the Bankruptcy (Scotland) Regulations 2016. An application made after it expires fails condition (f) of section 2(2), and a fresh certificate is needed.
How long does the Accountant in Bankruptcy take to decide?
mygov.scot says you usually get a decision within 8 working days where it has all the information it needs. Section 22 requires an award forthwith once it is satisfied the requirements are met.
Do you have to go to court to get a MAP?
No. A debtor application is decided by the Accountant in Bankruptcy, and there is no court involvement in awarding it.
How much does it cost to apply for a MAP?
Nothing. The application fee was removed on 6 February 2023 and the Accountant in Bankruptcy lists none, so the only Minimal Asset Process cost is whatever you choose to pay for advice, which should be nothing.
What happens if more information is asked for?
Section 20 gives you 21 days to provide the information, evidence or payment, and the Accountant in Bankruptcy may extend that. If it is not provided, the application may be refused.
Can you challenge a refusal?
Yes. You have 14 days to apply for a review under section 27, the decision comes within 28 days, and if the refusal is confirmed you have 14 days to appeal to the sheriff on fact, law or the merits.
Can you apply again after a refusal?
Usually, though it depends why it was refused. Your adviser will normally need to grant a fresh certificate, and may recommend a different solution if the conditions cannot be met.
Related guides
- Are You Eligible For Minimal Asset Process Bankruptcy? The eight conditions in section 2(2), how the income and benefits routes differ, and how your assets are measured against the limits.
- How Does Minimal Asset Process Bankruptcy Work In Scotland? Who has to apply for you, what the Accountant in Bankruptcy does with the application, and what changes on the day the award is made.
- How Long Does MAP Bankruptcy Last In Scotland? Discharge comes six months after the award. The restrictions that follow, and how long the entry sits on the register and your credit file.
- Does MAP Bankruptcy Stop An Existing Wage Arrestment? The deduction ends on the date sequestration is awarded. What happens to money already taken, and whether a creditor can start again.
- What Is The Difference Between MAP Bankruptcy And Full Sequestration? Two routes into the same legal process. Who can use each one, what they cost, and what happens to your home, car and savings under each.
- Can You Keep Your Car In MAP Bankruptcy? How the £3,000 vehicle limit is measured, what counts as reasonably requiring a car, and what happens if yours is worth more.
- Which Should You Choose, A Debt Arrangement Scheme Or MAP Bankruptcy? Why your income and assets usually decide this for you, and what each route costs, how long it lasts and what it leaves on record.
- What Is Minimal Asset Process Bankruptcy? The eight conditions, the £2,000 asset test, the fee-free application, six months to discharge, and what MAP does to a wage arrestment.
- Should You Use A Free Debt Charity Or A Paid Debt Adviser? Who can set up a Scottish statutory debt solution, the rules a fee-charging firm must follow, who pays for each route, and how to check a firm.
- What Free Debt Advice Is Available In Scotland? The free, impartial services in Scotland, why an approved adviser matters, and what to have ready before the first appointment.
Written as general information about Scottish debt law rather than regulated financial or legal advice, and your own circumstances may change the answer. Free, impartial help is available from Citizens Advice Scotland, StepChange, National Debtline and Advice Direct Scotland.