Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Sequestration definition

What does Sequestration mean? In Scottish insolvency practice, sequestration is the bankruptcy process for an insolvent individual or partnership, under which the debtor’s estate is taken into custody and vested in a trustee for the benefit of creditors. It is governed by the Bankruptcy (Scotland) Act 2016. An award of sequestration may follow a debtor application to the Accountant in Bankruptcy (AiB) or a creditor petition to the sheriff court. On award, most assets vest in the trustee in sequestration; diligence is stayed; claims are adjudicated; and assets and income (via any Debtor Contribution Order) are realised to pay a dividend....

Scotland: Debt Arrangement Scheme (DAS) for individuals and business debtors—framework, eligibility, application, moratoria, approval, conditions, variation, revocation, review/appeal and completion

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

Debt Arrangement Scheme (DAS)

The Debt Arrangement Scheme (DAS) is a statutory mechanism enabling eligible debtors to clear what they owe over a longer timeframe through a Debt Payment Programme (DPP). It is intended to help specified categories of debtor repay liabilities over an extended period via a structured DPP. While a DPP remains in place, creditors are barred from taking enforcement action against the debtor. For definitions of frequently used Scottish insolvency terminology, refer to Practice Note: Glossary of Scottish insolvency words and expressions. The legislative foundation for DAS sits in Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (DAA(S)A 2002). That Act sets only the overarching framework within which the scheme functions. The operative detail appears in secondary legislation made under DAA(S)A 2002. Chiefly, this comprises the Debt Arrangement Scheme (Scotland) Regulations 2011 (DAS(S)R 2011), SSI 2011/141, as amended by the Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (DAS(S)AR 2014), SSI 2014/294. Further changes were introduced by the Debt Arrangement Scheme (Scotland) Regulations 2018 (DAS(S)AR 2018), SSI 2018/297, by the Debt Arrangement Scheme (Scotland) Regulations 2019 (DAS(S)AR 2019), SSI 2019/315, and by the Bankruptcy and Debt Arrangement Scheme (Miscellaneous Amendment) (Scotland) (Regulations) 2023 (BDAS (MA)(S)R 2023), SSI...

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James Lloyd

Harper Macleod LLP

James heads the firm's Insolvency team and has advised on corporate and personal insolvency related matters for a number of years. He advises creditors, banks and insolvency practitioners on all aspects of insolvency litigation. Chambers UK Guide to the Legal Profession lists James as a "Leader in the Field" in both Restructuring/Insolvency and Personal Insolvency, where he is noted for having a strong reputation in the market, his clients appreciate his ability to "do an extremely good job under difficult circumstances." Sources note "He's good. He tells you as it is." James has been recognised as a "World Leader" in commercial litigation by Who's Who Legal. James is a member of the team that won the prestigious "Insolvency Team of the Year" award at the Law Awards of Scotland 2012....

Stephanie Carr

Thorntons Law LLP

Stephanie joined Thorntons Law LLP as a Partner in 2023. She has over 18 years' experience acting for a variety of clients in a wide range of contentious personal and corporate insolvency cases, as a result of which she has been accredited, and re-accredited, as a specialist in Insolvency Law by the Law Society of Scotland.She is well known and respected in insolvency circles. She passed the Joint Insolvency Examination Board ("JIEB") exams in liquidation and personal insolvency and has a wide breadth of knowledge as a result of having attended the modules for the exams, where she also obtained a better understanding of the practical workings of the insolvency processes. She also regularly acts for clients in both secured and unsecured debt recovery matters and advises on a number of diligence measures open to them. Stephanie has advised and...

Web page updated on 21/05/2026

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