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Can my creditors object to a Trust Deed?
Yes, the trust deed is not binding on your creditors unless they agree to its terms.
However, once the required amount of creditors do agree to the terms it will become a Protected Trust Deed. To become protected, it has to be accepted by at least half of your creditors that are owed at least one third (roughly 33%) of your total debt. To see how this works in practice, let’s look at the example below.
| Creditor 1 | Amount Owed £1,000 |
| Creditor 2 | Amount Owed £2,000 |
| Creditor 3 | Amount Owed £7,000 |
The total amount owed is £10,000 therefore creditors that are owed £3,334 between them have to agree.
If Creditors 1 and 3 agree the Trust Deed will be accepted and become protected because this amounts to £8,000 or 80% of the debt.
If only Creditors 1 and 2 agreed, but Creditor 3 disagreed, then the IVA would not succeed because between them they are owed only 30% of the money, i.e. £3,000.
What does it mean for the Trust Deed to become protected?
If the Trust Deed becomes protected then it is usually binding on all of your creditors so they can’t take further action against you.
What happens at the end of the Protected Trust Deed?
Your trustee will issue a letter of discharge if you have co-operated fully with the terms and you are discharged from any outstanding debts, subject to some exceptions, such as fines, penalties, student loans, any liability to fraud, etc.

