SCHEDULES

C1SCHEDULE 5 Voluntary Trust Deeds for Creditors

Annotations:

F5 Creditors not acceding to protected trust deed

Annotations:
Amendments (Textual)
F5

Sch. 5 para. 5 substituted (19.2.2008) for Sch. 5 paras. 5-13 by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 20(1), 227(3) (with s. 223); S.S.I. 2008/45, art. 2 (with art. 3)

F111

A creditor F2who has not been sent a copy of the notice as mentioned in paragraph 5(1)(c) above or who has notified the trustee of his objection to the trust deed as mentioned in paragraph 5(1)(d) above may, not more than 28 days after notice has been sent under paragraph 10 above, apply to the court for an order under paragraph 12 below.

F312

Where, on an application by a creditor under paragraph 11 above, the court is satisfied (on grounds other than those on which a petition under paragraph 7(1)(b) above was or could have been presented by that creditor) that the intromissions of the trustee under the protected trust deed with the estate of the debtor have been so unduly prejudicial to that creditor’s claim that he should not be bound by the discharge it may order that he shall not be so bound.

F413

Where the court makes an order under paragraph 12 above, the clerk of court shall send a copy of the order to—

a

the trustee; and

b

the Accountant in Bankruptcy who shall register the copy of the order in the register of insolvencies.