Important: Nothing on this page is debt advice. The information here is factual only. UK Debt Team is an introducer and referral service, not a debt advice provider. Free, impartial support is available from MoneyHelper.
Home / Scottish Trust Deed / Can I be made bankrupt while in a Trust Deed?
SCOTTISH TRUST DEED

Can I be made bankrupt while in a Trust Deed?

A Protected Trust Deed offers protection from creditor action for the debts included in it. Debts that arose after the Trust Deed started, or that were excluded from it, could still lead to court action.

Protected debts are safe

Debts listed in a Protected Trust Deed are legally frozen. Creditors cannot pursue them separately, take you to court for them, or petition for your sequestration on the basis of them.

This is the core benefit of protection: for the debts covered, you have full legal insulation for the four years of the deed.

Debts outside the Trust Deed

Any debt not included in the Trust Deed exists separately. If you had a debt at the time of the deed but did not disclose it, that debt is not protected — the creditor can pursue it and petition for sequestration on it.

Debts that arise after the Trust Deed starts (new borrowing during the deed, ongoing bills not part of the deed) are also outside protection.

This is why the initial disclosure at the Trust Deed application stage matters — full disclosure ensures all pre-existing debts are protected.

If sequestration happens during a Trust Deed

If sequestration is imposed while a Trust Deed is running (usually by a creditor for a non-included debt, or by AiB for non-compliance), the Trust Deed is terminated.

Any funds already gathered by the Trustee usually go to the sequestration estate. Debts covered by the Trust Deed become claims in the sequestration.

This is uncommon in practice for cooperative Trust Deeds — but the risk exists where excluded debts get large and the creditor loses patience.

Key takeaways

Struggling with debt in Scotland?

Get in touch and we can refer you to a regulated debt help specialist who can talk you through your options. No obligation, no charge to talk.

Get in touch Chat on WhatsApp

Where to get free, regulated debt help

If you need help with debt, these organisations provide free regulated support. UK Debt Team is an introducer and referral service, not a debt advice provider.

MoneyHelper
Government-backed service
StepChange
Free debt charity
Citizens Advice
Free advice network
National Debtline
Free phone and web support
© UK Debt Team · Home · Privacy · Complaints · Terms