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
ROBERT HENDRY & ANNE CLARK HENDRY
Trust Deeds have been granted by Robert Hendry and Anne Clark Hendry, residing at 20 Raven Crescent, Buckhaven, Fife, KY8 4ER on 28th February 2003 conveying (to the extent specified in Section 5(4A) of the Bankruptcy (Scotland) Act 1985) their Estates to me, Alan C Thomson, CA, of Thomson Cooper & Co, 18 Viewfield Terrace, Dunfermline. Fife, KY12 7JU, as Trustee for the benefit of their respective creditors generally
If a creditor wishes to object to either 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: Each 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 each 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court decrees for unpaid debts) against the debtor and confers certain protection upon the trust deed from being superseded by the sequestration of the debtor’s estate.
Alan C Thomson, CA, Trustee
Thomson Cooper & Co., 18 Viewfield Terrace, Dunfermline, Fife KY12 7JU