Regulation 13 Creditors not acceding to protected trust deed

A creditor who has not been sent a copy of the notice mentioned in regulation 8(b) or who has notified the trustee of objection to the trust deed within the relevant period may apply, not more than 28 days after the Accountant’s registration in the register of insolvencies under regulation 22(b) of the trustee’s realisation and distribution of estate, to the sheriff under regulation 14.

For the purposes of this regulation, the sheriff to whom an application may be made will be the sheriff to whom a petition for sequestration would be brought in respect of the debtor in terms of sections 9(1) and (2) of the Act.