Bankruptcy is generally viewed as the last resort for someone who is facing serious financial issues. If someone can no longer afford to pay the debts he owes to his creditors, it means he is insolvent. And he may have to file for bankruptcy. However, Scotland recognizes that insolvency is a huge problem facing many of its residents and as a result, it has come up with various debt solution plans to try and help its residents get to a place where they can manage their debt without having to file for bankruptcy. These solutions can be quite beneficial to someone who is overwhelmed with loan payments and feels like the only option she has is to file for bankruptcy.
One such solution available to Scottish residents (so that they do no have to file for bankruptcy) is called a Debt Arrangement Scheme (DAS). DAS is an agreement between a debtor and his creditors. The creditors agree to accept a smaller payment amount each month from the debtor, and the debtor agrees to abide by the payment restructure. A DAS has many advantages. One of the more significant ones is that it extends the amount of time a debtor has to pay back his creditors. This means that not only is he granted more time, but his monthly payments are also reduced (according to how much monthly disposable income he has) so that he has more money each month to pay other necessary living expenses.
Another possible debt solution is known as a trust deed. This is a legally binding agreement between a debtor and his creditors, although creditors are not required to agree to it. In this agreement, a debtor’s original repayment plan is restructured so that he pays what he can afford each month (based on disposable income). What makes this different from a DAS is that a trust deed only lasts for three years. Once it ends, any remaining debt is written off. During the period of both the trust deed and a DAS, the loan interest rates are frozen and creditors are prohibited from charging the debtor with any unexpected fees.
Another possible solution is called a Debt Management Programme, which was also developed by the Scottish government for Scottish residents (just like DAS and trust deeds). When a debtor chooses to participate in this, he enters into an informal agreement with his creditors to restructure his payment plan so that it is more manageable. But because this plan is informal (whereas DAS and trust deeds are legally binding), creditors are not required to freeze the interest rates, nor are they prohibited from charging any additional fees. Plus, in this type of program (unlike a DAS or trust deed), a debtor can communicate directly with his creditors or he can choose to hire a financial adviser and make him the communication liaison between him and his creditors.
Of course, if for some reason you are ineligible for any of the available debt solution plans then you may have to file for bankruptcy. If this is the case, it is very important that you first meet with a financial adviser so that you understand exactly what the process entails. An adviser can go through every step of it with you so that you are not alone during this time