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
ANDREW BARRY KERR
A Trust Deed has been granted by Andrew Barry Kerr, residing at 29d Albyn Avenue, Campbeltown PA28 6LX on 21st February 2003 conveying (to the extent specified in Section 5(4A) of the Bankruptcy (Scotland) Act 1985) his Estate to me, Ian William Wright, of BKR Haines Watts, Chartered Accountants, 65 Bath Street, Glasgow, G2 2DD, as Trustee for the benefit of his 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court decrees for unpaid debts) against the debtor and confers certain protection upon the trust deed from being superseded by the sequestration of the debtor’s estate.
Ian W Wright, Trustee
BKR Haines Watts, Chartered Accountants, 65 Bath Street, Glasgow G2 2DD
5th March 2003