Sequestration is the Scottish legal term for bankruptcy. It offers a relatively fast route to debt clearance but with significant restrictions and asset implications.
Sequestration is the formal bankruptcy process in Scotland, governed by the Bankruptcy (Scotland) Act 1985 (as amended). It can be entered into voluntarily by the debtor or initiated by a creditor owed more than £3,000.
Once sequestrated, a Trustee (either the Accountant in Bankruptcy or a licensed Insolvency Practitioner) takes control of your assets and distributes any available funds to creditors. You are typically discharged from bankruptcy after 12 months.
All your assets at the date of sequestration vest in your Trustee, including:
Your Trustee will realise (sell) assets where it is cost-effective to do so in order to pay creditors. You are entitled to keep essential household items, tools of your trade up to a certain value, and a vehicle of modest value if essential for work.
Professional restrictions: Being sequestrated carries more severe professional restrictions than a PTD. You cannot act as a company director, solicitor, or in certain financial roles during the period of your bankruptcy. Check with your professional body before proceeding.
For most people with regular income, a Protected Trust Deed is preferable to sequestration because it is less restrictive professionally, you are less likely to lose your home, and it is a voluntary arrangement rather than a court-imposed process.
Sequestration may be more appropriate if you have no income to sustain Trust Deed payments, or if your debts are less than £5,000 (the minimum for a PTD) but above £3,000.