Protected Trust Deeds
Compared to sequestration or bankruptcy, a trust deed is a better alternative as it protects the debtor from legal disabilities that could ensue after being made legally bankrupt. It also allows the debtor freedom from debt, assuming adherence to trust deed terms and conditions, after 36 months. A trust deed can secured through the following initial steps.
As long as it abides by certain conditions, the trust deed will be labelled as ‘trust deed’ in the Registrar of Insolvencies. With this in the debtor’s records and as long as the debtor honours the deed’s terms, creditors are not allowed to call for the sequestration of the debtor’s properties. Upon initial application and presentation of debt payment proposal, creditors are given five weeks to challenge the deed. Despite these objections however, and as long as these do not comprise more than one third the debt value, the trust deed will remain protected.
The above paragraph has described the initial steps taken and the effect on the debtor of these initial steps of securing a trust deed.
Securing a Trust Deed
Securing a trust deed requires further steps, upon completion of the preliminary phase covering application and agreement of terms and conditions of the parties concerned.
The legally-binding trust deed calls for the debtor to pay 36-monthly payments to the Insolvency Practitioner. At the end of this period and supposing all elements concerning the debtor’s assets are complete, the Insolvency Practitioner will settle all creditor claims and proportionally allocate the remaining monies collected to the creditors. Any balance of financial obligations disappears, completely written off, with creditors not permitted to pursue for the balance or interest of the balance. This is because debt increase, interests and charges were frozen at the start of the trust deed and will remain frozen as long as the debtor regularly submits his payments. If failure to pay occurs, interest is backdated from the date of start of trust deed. Otherwise, if all is well in terms of honouring obligations, the debtor receives a letter of discharge.
MLM Solutions handles trust deeds as well as other insolvency protection alternatives as well as guidance. They can be reached at 0800 138 0707.