Bankruptcy (Scotland) Act 1985: Section 5, Paragraph 5(3)
Notice by Trustee Under a Trust Deed for the Benefit of Creditors
Trust Deed for Creditors by
MADELINE BRIDGET WALLS
A Trust Deed has been granted by Madeline Bridget Walls, residing at 80 Mungalhead Road, Falkirk, FK2 7JG on 13th February 2003 conveying (to the extent specified in Section 5(4A) of the Bankruptcy (Scotland) Act 1985) her Estate to me, John Michael Hall, of BKR Haines Watts, Chartered Accountants, 9 Coates Crescent. Edinburgh, EH3 7AL as Trustee for the benefit of her creditors generally.
If a creditor wishes to object to the trust deed for the purposes of preventing it becoming a protected trust deed (see notes below on the objections required for that purpose) notification of such objection must be delivered in writing to the Trustee within 5 weeks of the date of publication of this Notice in The Edinburgh Gazette.
Notes: The trust deed will become a protected trust deed unless within the period of 5 weeks of the date of publication of this Notice in The Edinburgh Gazette a majority in number or not less than one third in value of the creditors notify the Trustee in writing that they object to the trust deed and do not wish to accede to it.
The effect of this is that paragraphs 6 and 7 of Schedule 5 to the Act will apply to the trust deed. Briefly, this has the effect of restricting the rights of non-acceding creditors to do diligence (ie to enforce court decrees for unpaid debts) against the debtor and confers certain protection upon the trust deed from being superseded by the sequestration of the debtor’s estate.
J M Hall, Trustee
BKR Haines Watts, Chartered Accountants, 9 Coates Crescent, Edinburgh EH3 7AL
27th February 2003