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Insolvency: Scottish Trust Deeds

There has been a reconsideration by the Scottish Government Legal Department on the issue of whether an England based Insolvency Practitioner can take over as trustee for pre April 2008 bankruptcies and protected trust deeds in Scotland, and the legal view is that this is not permitted under the legislation.  An IP does need to have a Scottish address in order to be appointed trustee for bankruptcies and PTDs petitioned and granted before 1 April 2008.  Section 24(2) (d) of the Bankruptcy (Scotland) Act 1985 includes the residence requirement.

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