Debtor contribution order
DCOs are regulated by Part 6 of the Bankruptcy (Scotland) Act 2016.
All bankruptcy cases have a DCO, even if it is zero.
The DCO is decided by the AiB, not the debt adviser.
When the client has taken advice from a debt adviser and they have used the CFT, all surplus income must be used as a contribution. (Unlike DAS where the client does not have to make a full contribution).
In MAP cases, there must be a zero contribution (or the client must have benefit-only income), so advisers should work with the client and the CFT to try and get the contribution to zero, or even show a negative budget.
This is important because if the CFT is not completed correctly, the AiB may change the contribution and move the client onto the FAB process, lengthening the discharge process.
If the AiB refuses to award a MAP bankruptcy, the client can request a review within 21 days if they disagree with the AiB’s decision. The client can further appeal to the sheriff court within 14 days if they disagree with the review decision.1Part 6 B(S)A 2016