Failure to maintain Debt Arrangement Scheme payments in Scotland will not lead to revocation of the Arrangement if causally linked to coronavirus

Scotland’s Accountant in Bankruptcy also suspends all sale and eviction from property in ongoing bankruptcy administrations

Individuals who fail to maintain payments under a Debt Arrangement Scheme (DAS) where the failure is causally linked to coronavirus will not face revocation of the Arrangement, the Accountant in Bankruptcy (AiB) has announced.

In anticipation that the COVID-19 pandemic will exacerbate issues faced by those with fluctuating earnings, with those on zero-hours contracts particularly impacted, the AiB has decided not to revoke DAS debt payment programmes due to non-payment with a causal link to COVID-19 until further notice.

In addition, the AiB announced further measures to assist individuals, frontline money advisers and insolvency practitioners, including to -

• suspend action on division and sale and eviction from property until further notice in bankruptcy cases (where AiB is named as trustee);
• encourage other trustees involved in the bankruptcy process to implement similar forbearance measures to the AiB;
• provide individuals, and money advisers that are assisting them, faster access to debt enforcement relief through bankruptcy by relaxing evidential requirements; and
• accept electronic signatures on Protected Trust Deeds and associated documentation.

Welcoming the new measures, Business Minister Jamie Hepburn said -

‘This pandemic will have severe economic consequences and we are treating it as an economic emergency, affecting everyone from the largest conglomerates to small businesses and individuals.

The Scottish Government is working hard to respond to this and we’ve announced a £2.2 billion package of measures to support businesses.

We’re asking banks, insurance companies and our own departments to be flexible and compassionate wherever possible, including offering mortgage holidays and extending timescales for those in persistent credit card debt. This will help reduce the pressure on individuals facing financial difficulties caused or made worse by the current crisis, and we are actively considering what more we can do to help.’

For more information, see Supporting those affected by debt from gov.scot