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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

9.3 AiB review of creditors objection to discharge

An application for review of the proposal to discharge the debtor must include details of the proposal issued to creditors, details of the objections received from creditors and be made within 14 days beginning with the end of the 21 day period for creditor responses. The application for review can be emailed to the trust deed team mailbox:

AiB will determine whether it is fair and reasonable for the debtor to be discharged, taking into account all of the information provided.  A notice will then be sent to the trustee providing an outcome of the review. The trustee must notify the debtor and all creditors of the outcome of the review within 7 days of the notification by AiB.

If AiB determine that the debtor should be discharged from the trust deed, the trustee must then apply to AiB using the Form 5 to register the debtor discharge on the register of insolvencies. AiB will notify the trustee of the registration and date of debtor discharge. The trustee must then notify the debtor and all creditors within 7 days of this notification.   

Should AiB determine that the debtor should not be discharged, a direction will be issued to the trustee which can be appealed to the sheriff. 

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