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Bankruptcy (Scotland) Act 1985

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This is the original version (as it was originally enacted).

Creditors not acceding to protected trust deed

11A creditor who has not acceded to a protected trust deed may, not more than 28 days after notice has been sent under paragraph 10 above, apply to the court for an order under paragraph 12 below.

12Where, on an application by a creditor under paragraph 11 above, the court is satisfied (on grounds other than those on which a petition under paragraph 7(1)(b) above was or could have been presented by that creditor) that the intromissions of the trustee under the protected trust deed with the estate of the debtor have been so unduly prejudicial to that creditor's claim that he should not be bound by the discharge it may order that he shall not be so bound.

13Where the court makes an order under paragraph 12 above, the clerk of court shall send a copy of the order to—

(a)the trustee ; and

(b)the Accountant in Bankruptcy who shall register the copy of the order in the register of insolvencies.

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