A money adviser checks you against the eight conditions in section 2(2) of the Bankruptcy (Scotland) Act 2016 and applies on your behalf, the Accountant in Bankruptcy decides the application and acts as your trustee, and you are discharged automatically six months after the award.

Minimal Asset Process is not a lighter alternative to bankruptcy. It is bankruptcy, with a set of shortcuts for cases where there is nothing for creditors to share.

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

Thinking about a MAP bankruptcy? Get free advice on how the six months work.

Apply for helpCall 0141 255 2104

Free & confidential
No obligation
★★★★★Rated 5 stars on Google

Those shortcuts are real. There is no creditors’ meeting, no claims process, no dividend and no monthly contribution.

It is also the busiest bankruptcy route in Scotland. Here is how a case runs from the first appointment to the day the last restriction falls away, and whether you are eligible covers the entry tests in detail.

What is a Minimal Asset Process bankruptcy?

A sequestration awarded under section 2(2) of the 2016 Act, on your own application. Schedule 1 to the Act then modifies how the rest of the Act applies to your case.

The eight conditions

Condition What it requires
s.2(2)(a) Either the common financial tool assesses you as needing to make no contribution, or you have received prescribed payments for at least 6 months ending on the day of the application and those payments are your only income
s.2(2)(b) Total debts including interest of not more than £25,000, a ceiling in force since 29 March 2021. There has been no minimum since 6 February 2023
s.2(2)(c) Total assets of not more than £2,000, leaving liabilities out of account
s.2(2)(d) No single asset worth more than £1,000
s.2(2)(e) You do not own land
s.2(2)(f) A certificate for sequestration granted by a money adviser within the prescribed period
s.2(2)(g) No previous Minimal Asset Process award in the 10 years ending the day before the application
s.2(2)(h) No other award of sequestration, on your own application or on a petition, in the 5 years ending the day before the application

All eight have to be met on the day the application is made, and they are set out in section 2 of the Bankruptcy (Scotland) Act 2016. Miss one and the case has to take a different route.

The condition hidden in the first row

The benefits route only works if those payments are your only income. Someone receiving universal credit alongside wages goes through the common financial tool assessment instead.

That condition is on the face of regulation 13 of the Bankruptcy (Scotland) Regulations 2016, which opens by asking whether the debtor has no other income than those payments at the date of the application. It has stood unamended since 30 November 2016.

So part-time earnings alongside universal credit take you off the benefits route, however long you have been claiming. The nil contribution route is still open, and it is the one to use.

The vehicle disregard

A vehicle you reasonably require and which is worth no more than £3,000 is left out of the asset calculation altogether, under section 2(3)(b).

So it does not consume the £2,000 and does not breach the £1,000. Keeping your car in a MAP covers how the figure is measured and what happens above it.

There is no creditor route in

A Minimal Asset Process is available only on a debtor application. A creditor cannot petition to put you into it, though a creditor petition can lead to the longer form of sequestration.

Who has to be involved before you can apply?

An approved money adviser, and there is no way round it. Section 4 requires money advice before any debtor application, and section 2(2)(f) requires a certificate for sequestration, which only a money adviser can grant.

Who counts as an approved money adviser

Regulation 4 of the Bankruptcy (Scotland) Regulations 2016 prescribes the categories. They include insolvency practitioners and their authorised staff, advisers in organisations holding Type 2 accreditation or above, approved money advisers under the Debt Arrangement Scheme, employees of full member citizens advice bureaux and local authority money advisers.

Advice is free through the charities and through most council money advice teams. Whether to use a free debt charity or a paid adviser is worth reading before you pay anyone.

The certificate for sequestration

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 gives a granted certificate 30 days.

An application made after that window fails condition (f), so the certificate has to be granted again. How to apply for a MAP sets out the paperwork in order.

Money already coming out of your wages? Get free help in under 60 seconds

Apply for helpCall 0141 255 2104

What does the Accountant in Bankruptcy do with the application?

It decides it. Section 22 requires an award forthwith once it is satisfied that the statutory requirements are met, and no court is involved at any point.

If something is missing

Section 20 gives you 21 days to provide further information, evidence or a payment where the Accountant in Bankruptcy asks for it, and that period may be extended. Failing to comply may end in a refusal.

Under section 21 the Accountant in Bankruptcy must set out in writing why an award may not be appropriate before refusing on that ground. You get the chance to answer first.

A refusal can be reviewed and appealed

This is the part most pages miss. Section 27 of the 2016 Act gives you 14 days to ask the Accountant in Bankruptcy to review a refusal, and it must confirm the refusal or award sequestration within 28 days.

Representations from an interested person are taken into account if made within 21 days. If the refusal is confirmed there are a further 14 days to appeal to the sheriff.

Section 214 puts the grounds beyond doubt. That appeal may be made on a matter of fact, on a point of law or on the merits.

The case, end to end

Stage What happens
Before the application Money advice under section 4, the debt advice and information package, and a certificate for sequestration granted under section 9
Application Your money adviser submits the debtor application to the Accountant in Bankruptcy. There is no court hearing and nothing to attend
The decision Section 22 requires an award forthwith once the Accountant in Bankruptcy is satisfied. mygov.scot says a decision usually arrives within 8 working days
Date of award Your estate vests in the Accountant in Bankruptcy as trustee, and an existing earnings arrestment ceases under section 72(2) of the Debtors (Scotland) Act 1987
6 months after the award You are discharged automatically under section 140, with nothing to apply for
The following 6 months The section 146 conditions on obtaining credit and on trading under another name apply

Nothing in that sequence involves a court unless something goes wrong. The award itself is an administrative decision.

What changes on the day the award is made?

Your estate vests in the Accountant in Bankruptcy as trustee, an existing earnings arrestment ceases by operation of law, and a debtor contribution order is made and fixed at zero.

Deductions from your wages stop

Section 72(2) of the Debtors (Scotland) Act 1987 ends an existing earnings arrestment, current maintenance arrestment or conjoined arrestment order on the date of sequestration. Nobody has to apply for that.

Section 72(4) then blocks a new earnings arrestment for debts claimable in the sequestration. Whether a MAP stops an existing wage arrestment covers the timing, and what happens to money already taken.

What Schedule 1 takes out of the process

What a full sequestration has What happens in a MAP
Creditor claims Sections 46 and 122 do not apply, and the statement the Accountant in Bankruptcy sends creditors records that no claims may be submitted
Dividends Section 131, on distribution, does not apply. Creditors are told about the bankruptcy and receive nothing
A creditors' meeting and a vote on the trustee Sections 44, 48 and 49 do not apply, which is why the Accountant in Bankruptcy is the trustee in every case
Sections 60 and 63 to 65 Do not apply, along with section 210(3)
The account of the debtor's state of affairs Section 116(2) is replaced, so the Accountant in Bankruptcy may require one at any time before your discharge rather than to a fixed cycle
The contribution A debtor contribution order is still made under section 90(1), and section 90(4) lets it be fixed at zero

Those modifications are in Schedule 1 to the 2016 Act, and they are the whole reason the case is shorter. MAP against full sequestration sets the two out side by side.

The contribution is nil, but it exists

The Accountant in Bankruptcy’s guide for MAP debtors puts it plainly: the debtor contribution order sets contributions at zero, and you must report any income changes, money received or inheritances.

What are you expected to do during the six months?

Very little paperwork, and one continuing duty. Section 215 requires you to co-operate with your trustee, and that obligation is one of the few that discharge does not release you from.

Anything you acquire still matters

Section 86 vests property acquired after the date of sequestration in the trustee as at the date of acquisition. No court order is needed and there is no exception for small sums.

So a windfall, a redundancy payment or an inheritance during the six months has to be reported. Handled openly it is dealt with inside the process.

Why honesty is the whole strategy

The Accountant in Bankruptcy warns MAP debtors that concealing assets or making false declarations may lead to a bankruptcy restrictions order and to discharge being refused.

A bankruptcy restrictions order made by the Accountant in Bankruptcy runs for at least two years and up to five. One made by the sheriff runs for at least five years and up to fifteen.

What can move your case out of the Minimal Asset Process?

Paragraph 2 of Schedule 1. The Accountant in Bankruptcy may end the MAP modifications where your assets rise above the prescribed figure or you are assessed as able to make a contribution.

The figure trap in Schedule 1

Paragraph 2(5)(a) reads £5,000 on the face of the Act. Regulation 14 of the Bankruptcy (Scotland) Regulations 2016 prescribes £2,000 in its place, and that has stood unamended since 30 November 2016.

So £2,000 is the operative trigger, and it lines up with the entry test. Anyone quoting £5,000 is reading the Act without the regulations.

You get a say, and an appeal

The Accountant in Bankruptcy has to notify you of the circumstances it considers apply, and you have 14 days to make representations. It then decides and gives you written notice.

Paragraph 4 gives you 14 days to appeal that decision to the sheriff. If the appeal succeeds, the case continues as a Minimal Asset Process.

What conversion costs you

The case runs as a full administration for the rest of its life. Discharge moves out to a year, a contribution order can run for 48 months, and creditor claims and dividends come back in.

The Accountant in Bankruptcy also warns that a transfer to full administration triggers additional administration fees, which delay discharge until they are paid. How long a MAP lasts deals with the timescales on both sides of that.

How does it end, and what follows you afterwards?

You are discharged six months after the award by operation of law, under section 140 of the 2016 Act. There is nothing to apply for and no power to defer it while the case remains a MAP.

The six months after that

Discharge is automatic under section 140, and section 146 imposes conditions for a further six months from the date of discharge. You must tell a lender you are subject to them before taking credit of £2,000 or more, or credit of any amount while you owe £1,000 or more.

These are disclosure duties rather than a ban on borrowing. Breaching them is an offence under section 147, so they are worth taking seriously.

What is not written off

  • Fines and other penalties due to the Crown, and fines imposed in a justice of the peace court.
  • Compensation orders, and forfeiture of money deposited in court under the Criminal Procedure (Scotland) Act 1995.
  • Liability incurred by reason of fraud or breach of trust.
  • Aliment, sums of an alimentary nature and periodical allowance payable on divorce.

Those four come from section 145(3). Student loans are not in that list and reach the same result by a different route.

Section 2(2A), inserted with effect from 29 March 2021 by the Bankruptcy (Miscellaneous Amendments) (Scotland) Regulations 2021, keeps a loan made under the regulations to which section 73B of the Education (Scotland) Act 1980 applies out of the £25,000 test.

The same loan is not written off at the end. National Debtline lists student loans among the debts you remain liable for after discharge.

The public record and the credit file

The award goes on the Register of Insolvencies, which anyone may inspect. mygov.scot says a MAP entry stays on the register for 18 months from the date of bankruptcy, and the Accountant in Bankruptcy’s own practice is to keep information until a year after the trustee’s discharge.

Neither of those is a statutory period, because neither section 200 nor the regulations set one. On credit files, mygov.scot, Citizens Advice Scotland and National Debtline all give six years from the date the bankruptcy begins.

That is much longer than the case itself, and how long a MAP stays on your credit file deals with the gap between the two.

Work and public office

Section 11 of the Company Directors Disqualification Act 1986 makes it an offence for an undischarged bankrupt to act as a company director without the leave of the court. mygov.scot also names Justice of the Peace, MP, local council member and insolvency practitioner, and says expressly that its list is not complete.

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.

Read the guide

How Do You Apply For MAP Bankruptcy In Scotland?

Why only an approved money adviser can submit the application, what the Accountant in Bankruptcy needs to see, and what it costs.

Read the guide

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.

Read the guide

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.

Read the guide

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.

Read the guide

What Is The £25,000 Debt Limit For MAP Bankruptcy?

Which debts count towards the £25,000, why student loans are left out, and what your options are if you owe more than the limit.

Read the guide

How Long Does MAP Bankruptcy Stay On Your Credit File?

Six years from the date the bankruptcy begins, why the public register clears much sooner, and what else sits on your file alongside it.

Read the guide

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.

Read the guide

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.

Read the guide

Which Debt Solution Is Best If You Have A Wage Arrestment?

How the Debt Arrangement Scheme, a trust deed, sequestration and a Time to Pay Order compare against a live arrestment, and which fits when.

Read the guide

Frequently asked questions

Is MAP the same thing as bankruptcy?

Yes. It is a sequestration awarded under section 2(2) of the Bankruptcy (Scotland) Act 2016, carrying the same legal effects as any other Scottish bankruptcy, and what differs is how the case is administered.

Who becomes your trustee in a MAP?

The Accountant in Bankruptcy, in every case. Creditors cannot vote to appoint an insolvency practitioner because the provisions on meetings and trustee votes are disapplied by Schedule 1.

Do you make any monthly payments in a MAP?

A debtor contribution order is made in every sequestration under section 90(1), and section 90(4) allows it to be fixed at zero. The Accountant in Bankruptcy says a MAP order sets contributions at zero while requiring you to report changes.

Does the six months run from the application or the award?

From the award. Section 140 discharges you six months after the date sequestration is awarded, so a delay in deciding the application moves the discharge date with it.

Can a creditor put you into a MAP?

No. A Minimal Asset Process is available only on a debtor application, so a creditor petition can lead only to the longer form of sequestration.

What does a MAP cost to apply for?

Nothing. The application fee that used to apply was removed on 6 February 2023 by regulation 4(3)(c) of the Bankruptcy Fees (Scotland) Amendment Regulations 2023, and the Accountant in Bankruptcy’s own guidance lists no application fee for a Minimal Asset Process.

Can your application be refused, and can you do anything about it?

It can, under section 20 or section 21. You then have 14 days to ask the Accountant in Bankruptcy for a review under section 27, and 14 days to appeal to the sheriff if the refusal is confirmed.

What happens if your income goes up during the six months?

Tell the Accountant in Bankruptcy. If you are assessed as able to make a contribution, paragraph 2 of Schedule 1 allows the MAP modifications to end and the case to continue as a full administration.

Get free, confidential help with your debts today

Free, confidential advice on where you stand and what can be stopped.

Apply for helpCall 0141 255 2104

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.

Worried about a wage arrestment? We can help.
Apply for helpCall