C1 PART IXBANKRUPTCY

Annotations:

CHAPTER IIITRUSTEES IN BANKRUPTCY

Tenure of office as trustee

Removal of trustee; vacation of office271

1

Subject to paragraph (4), the trustee of a bankrupt's estate may be removed from office only by an order of the High Court or by a general meeting of the bankrupt's creditors summoned specially for that purpose in accordance with the rules.

2

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Where the official receiver is trustee by virtue of Article 266(3) or 268(4) or a trustee is appointed by the Department or (otherwise than under Article 270(4)) by the High Court, a general meeting of the bankrupt's creditors shall be summoned for the purpose of replacing the trustee only if—

a

the trustee thinks fit, or

b

the High Court so directs, or

c

the meeting is requested by one of the bankrupt's creditors with the concurrence of not less than one‐quarter, in value, of the creditors (including the creditor making the request).

4

If the trustee was appointed by the Department, he may be removed by a direction of the Department.

5

The trustee (not being the official receiver) shall vacate office if he ceases to be a person who is for the time being qualified to act as an insolvency practitioner in relation to the bankrupt.

6

The trustee may, in the prescribed circumstances, resign his office by giving notice of his resignation to the High Court.

7

The trustee shall vacate office on giving notice to the High Court that a final meeting has been held under Article 304 and of the decision (if any) of that meeting.

8

The trustee shall vacate office if the bankruptcy order is annulled.