Notes for Guidance - Protected Trust Deeds - Bankruptcy (Scotland) Act 2016

A trust deed that meets specified conditions set out in section 2 and section 3 of these notes may be protected. A PTD is binding on all creditors. However, a creditor who was not notified of the trust deed or who objected to the terms of the deed within the 5 week notification period can petition for the debtor’s sequestration at any point within the 5 week period the sheriff may award sequestration if this is deemed to be in the best interests of creditors. The petition can be lodged at any time if the creditor avers that the provision for the distribution of the estate is prejudicial to him or any class of creditor. The sheriff may award sequestration in these circumstances if the sheriff considers that the creditor’s averment is correct.

The rules governing PTDs granted on and after 30 November 2016 are set out in the Bankruptcy (Scotland) Act 2016.

The previous provisions continue to apply to any trust deed granted before 30 November 2016.