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Consultation on Protected Trust Deed Reform

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ANNEX A

Documents to be kept by the trustee in a protected trust deed

1. The trust deed which should:

  • Be signed and dated, and
  • Include details of the discharge of the debtor.

2. A fees and outlays quote for work to the initial decision on protection.

3. A fees and outlays estimate for work to the discharge by the creditors.

4. A statement signed by the debtor and trustee confirming advice by the trustee on the suitability of the trust deed option.

5. The statement of affairs detailing:

  • List of known creditors and amount owed to each;
  • List of debtor's assets;
  • Value of debtor's assets;
  • Amount due to secured creditors;
  • Debtor's income and expenditure;
  • Level of expected contributions from debtor's income, if any;
  • Fees quote to decision on protection;
  • Fees estimate for work to completion of trust; and
  • The expected dividend to creditors.

6. Documentary evidence to vouch:

  • Value of assets;
  • Amount due to secured creditors;
  • Debtor's income; and
  • Debtor's expenditure.

7. Copies of all the Edinburgh Gazette notices.

8. Copies of the circulars to creditors advising of application for protected status.

9. Copies of the objection forms given to creditors.

10. Copies of the circulars to creditors, debtor and the Accountant in Bankruptcy advising of change in remuneration.

11. Copies of the circulars to creditors and Accountant in Bankruptcy advising of change in expected dividend.

12. The adjudication on creditor claims.

13. All schemes of division amongst creditors.

14. Copies of the circulars to creditors, debtor and Accountant in Bankruptcy enclosing accounts and detailing rights of appeal or request for audit by Accountant in Bankruptcy.

15. The form of debtor's discharge from the trust.

16. Copies of the circulars to creditors after distribution of funds and creditors requesting trustee's discharge.

17. Certificates of posting or other competent intimation of all items that need to be intimated under the 1985 Act or the Regulations.

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Page updated: Friday, January 20, 2006