Bankruptcy reforms passed by MSPs

Bankruptcies have risen by more than 30% since 1997

New laws that aim to tackle Scotland's growing debt problem have been backed by MSPs at Holyrood.

The Bankruptcy and Diligence Bill, passed by 64 votes to 50, aims to provide a better balance between the rights of debtors and creditors.

Opposition MSPs had initially expressed anger at a new power which could allow a family home to be sold to meet debts.

The Scottish Executive said the power would be used sparingly but promised to hold a review.

However, Shelter Scotland said MSPs had "missed an opportunity" to avoid people becoming homeless for a debt of £3,000.

The debt threshold for which a debtor's home or land could be repossessed was originally set at £1,500.

However after an earlier Holyrood debate, and a campaign by Citizens Advice Scotland, the level was raised to £3,000.

SNP MSP Christine Grahame had described the increase as a "fig leaf", arguing that the average unsecured debt in Scotland was more than £3,000 and would therefore leave most people in Scotland open to losing their homes.

James Jopling, head of campaigns at Shelter Scotland, said: "This was a missed opportunity to use public policy to avoid people becoming homeless and goes against the grain of Scotland's internationally recognised homelessness legislation."

New regulator

The level that someone could be declared bankrupt was also raised from £1,500 to £3,000 after MSPs passed an executive amendment.

The legislation will reduce the automatic bankruptcy period from three years to one, and introduces new constraints on those who defy courts over debt.

It will also see the creation of a £1m Scottish Civil Enforcement Commission that will regulate the work of court officers.

Deputy Minister for Enterprise and Lifelong Learning Allan Wilson said the new legislation would help people who experience debt problems, while protecting against those who abuse the system.

"This bill will replace a range of old and unfair diligence with updated ones being tough for the won't pays, but offering much better protections for the could pays and the can't pays."

Bankruptcies have risen by more than 30% since 1997 and the number of insolvencies nearly 70%.