Forgiving our debtors: a Scottish perspective on a fresh start for debtors<FNR></FNR><FN>This article is based on a paper delivered at the INSOL Academics' Group Meeting in Cape Town, 2–4 April 2004. The author is grateful to the British Academy for a contribution towards the travelling costs of attending that Meeting to give the paper. </FN>

Against a background of rising debt levels, this article examines the range of solutions available to a debtor in financial difficulty in Scots law and the recent proposals for reform of bankruptcy law in Scotland brought forward by the Scottish Executive as part of its new approach to debt management and enforcement in Scotland and considers the extent to which they may accord an over-burdened debtor the opportunity for a fresh start. It concludes that while the emphasis on providing appropriate solutions for over-burdened debtors with a view to enabling them to make a fresh start evidenced by these proposals is to be welcomed, they may not yet have struck quite the right balance in this respect. Copyright © 2004 John Wiley & Sons, Ltd. [ABSTRACT FROM AUTHOR]