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Accountant in Bankruptcy

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Publication - Notes for Guidance

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

First published
30 November 2016
Last updated
24 December 2024 - see all updates
Topic
Protected Trust Deeds

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

Supporting documents

6.4 Unfair preferences etc

The trustee under a PTD or the creditor of a debtor, who has granted a trust deed which has become protected, is entitled to challenge an unfair preference, a capital sum on divorce or a gratuitous alienation under the same rules applying to bankruptcy.

First published
Wednesday, 30 November 2016
Last updated
Tuesday, 24 December 2024 -
All updates

  1. amendment to section 6.8 Increasing the trustee’s fixed fee.

  2. addition of section 2.5 - Trust deed information leaflet and adequate time, effective from 20 January 2025.

  3. Updated to take into account The Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 which came into force on the 1st July 2024. New additions to the guidance includes: Removal of protected status of a trust deed and a review process, Debtor discharge due to extenuating circumstances prior to the 48 month minimum term and Trustee refusal of debtor discharge process, previously part of the PTD Protocol, now in legislation for all trustees to follow

  4. Update to section 5.1 - Contributions to reflect recent change to Common Financial Statement registration.

  5. Supporting document published on website

  6. Published on website

  7. Amended - PTD Protocol

  8. Amended

  9. First published

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