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What are the grounds and procedure for removing a trustee in bankruptcy (trustee) from office? And if a trustee is removed from office, where do their fees and expenses stand in the order of priority?

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Published by a ÀÏ˾»úÎçÒ¹¸£Àû Restructuring & Insolvency expert
Published on: 24 April 2019
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Removal of a trustee

The trustee of a bankrupt's estate may be removed from office by an order of the court or by a decision of the creditors made by a decision procedure instigated specially for that purpose (section 298(1) of the Insolvency Act 1986 (IA 1986)) or, if they have been appointed by the Secretary of State (SoS), by a direction given by the SoS (IA 1986, s 298(5)).

For further guidance, see Commentary:

  1. •

    Removal of trustee: Schaw Miller and Bailey Personal Insolvency Law and Practice [13.58]–[13.62]

  2. •

    Vacation in office of Trustee in bankruptcy: Atkin’s Court Forms [369]—the various steps for the removal of a trustee are outlined from steps 7 to 16

  3. •

    Removal of trustee; vacation of office: Insolvency Legislation: Annotation and Commentary [1.352]

Removal of a trustee—by creditors’ decision procedure

Where the bankrupt's creditors decide to remove a

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United Kingdom
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Key definition:
Trustee in bankruptcy definition
What does Trustee in bankruptcy mean?

The insolvency practitioner who is charged with the realisation of the assets of a bankrupt for the benefit of such bankrupt's creditors.

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