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

A trust deed whereby the protection was removed following a decision by AiB under Section 171A does not:

• invalidate any actions which were carried out by the trustee between the time of protection and the date a decision to remove the protection was made.
• prevent the trust deed from re-attaining protected status again providing the conditions in Sections 164 – 170 are met.
• prevent the debtor from seeking an alternative debt solution or applying for a moratorium.

If the trust deed is re-presented for protection, as a result of an error or irregularity, the cost of re-presenting the trust deed may not be paid out of funds held in the trust deed estate without a direction being sought from a sheriff in accordance with Section 189 of the 2016 Act.