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Trust Deeds If you are a resident of Scotland you have access to a very unique solution to help deal with problem debt, the Trust Deed or Protected Trust Deed (PTD). Scotland is unique in that an individual in Scotland can not proactively petition for bankruptcy. A Trust Deed will allow you to put forward a proactive proposal to your creditors to satisfy your debts based on available assets and what you can afford. A Trust Deed is a formal, legally binding agreement between individuals who are unable to pay their creditors and a licensed Insolvency Practitioner (the Trustee). The Trustee will put together a form of proposals to the Creditors for approval and administer the Trust Deed. A Trust Deed is a form of informal sequestration (bankruptcy) but is still regulated by The Bankruptcy (Scotland) Act 1985. Provided certain conditions are met, the Trust Deed may be registered as ’protected’, this prevents creditors from taking further steps e.g. sequestration (bankruptcy) to recover debts due to them. The advantages of a trust deed are that it can relieve the pressure from the creditors as all correspondence and queries are dealt with by the Trustee. It puts the debtor in control of their financial situation rather than the creditors. A Trust Deed is usually more flexible and costs less to administer than sequestration. It also allows the debtor the right to hold certain public offices - which would not be the case with sequestration. It may be possible for companies to continue trading and individuals to retain their directorships. If you are currently facing problem debts in Scotland and think a Trust Deed may be the right solution for you, please complete our confidential online request form above and we will have a Trust Deed specialist contact you for a free consultation and assistance. |
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