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6.138.—(1) The trustee is entitled to receive remuneration for his services as such.
(2) The remuneration shall be fixed either—
(a)as a percentage of the value of the assets in the bankrupt's estate which are realised or distributed, or of the one value and the other in combination, or
(b)by reference to the time properly given by the insolvency practitioner (as trustee) and his staff in attending to matters arising in the bankruptcy.
(3) Where the trustee is other than the official receiver, it is for the creditors' committee (if there is one) to determine whether his remuneration is to be fixed under paragraph (2)(a) or (b) and, if under paragraph (2)(a), to determine any percentage to be applied as there mentioned.
(4) In arriving at that determination, the committee shall have regard to the following matters—
(a)the complexity (or otherwise) of the case,
(b)any respects in which, in connection with the administration of the estate, there falls on the insolvency practitioner (as trustee) any responsibility of an exceptional kind or degree,
(c)the effectiveness with which the insolvency practitioner appears to be carrying out, or to have carried out, his duties as trustee, and
(d)the value and nature of the assets in the estate with which the trustee has to deal.
(5) If there is no creditors' committee, or the committee does not make the requisite determination, the trustee's remuneration may be fixed (in accordance with paragraph (2)) by a resolution of a meeting of creditors; and paragraph (4) applies to them as it does to the creditors' committee.
(6) If not fixed as above, the trustee's remuneration shall be on the scale laid down for the official receiver by general regulations.
Commencement Information
I1Rule 6.138 in force at 29.12.1986, see rule 0.1
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