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

This guidance describes the general functions of Accountant in Bankruptcy and trustees in relation to their responsibilities regarding protected trust deeds (PTDs) which were granted on or after 30 November 2016

10.6 Creditor's application

If a non-acceding creditor or a non-notified creditor believes that the way the trustee has collected and distributed the debtor’s estate is unfair, they can apply to a sheriff on the grounds that it is unduly prejudicial.  See section 178 of the 2016 Act.

If the sheriff grants the creditor’s application, AiB will record the order in the ROI and the trustee will be liable to that creditor.

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