PART 4
TRUSTEE IN BANKRUPTCY
Application for appointment of trustee in bankruptcy
46.—(1)  An application under section 36 of the Act for the appointment of a trustee in bankruptcy may be included in the bankruptcy application or made by summons supported by an affidavit.
(2)  Where section 36(2) of the Act applies, an application for the appointment of a trustee in bankruptcy must be included in the creditor’s bankruptcy application.
(3)  The Court must not make an order appointing a person as a trustee in bankruptcy unless the following have been filed:
(a)an affidavit exhibiting proof that the person is a licensed insolvency practitioner;
(b)the person’s consent in writing to be appointed as trustee in bankruptcy.
Factors to be considered in determining remuneration of trustee in bankruptcy
47.  In determining the remuneration of a trustee in bankruptcy under section 41(1)(c) of the Act, the following factors are to be considered by the Court:
(a)the complexity of the case;
(b)whether the trustee in bankruptcy was required to assume responsibility of an exceptional kind or degree in the administration of the estate;
(c)the effectiveness with which the trustee in bankruptcy appears to have carried out his or her duties as trustee in bankruptcy;
(d)the value and nature of the assets in the estate with which the trustee has to deal.
Removal of trustee in bankruptcy by Court
48.—(1)  The Official Assignee or any creditor of a bankrupt may make an application to the Court for the removal of the trustee in bankruptcy.
(2)  The application must be supported by an affidavit stating —
(a)the grounds of the application; and
(b)any evidence which the applicant intends to adduce in support of the application.
(3)  The application mentioned in paragraph (1) must be served on the trustee in bankruptcy, the Official Assignee (if the Official Assignee is not the applicant) and all creditors who have proved their debts at least 14 days before the date of the hearing.
(4)  The trustee in bankruptcy must, before the date of the hearing, submit to the Court a report containing the following information:
(a)the total amount of debts claimed by creditors who have filed proofs of debt, and the total amount of debts (if any) admitted by the trustee in bankruptcy;
(b)the property of the bankrupt comprised in the bankrupt’s estate and the status of the realisation of such property;
(c)the gross amount received by the trustee in bankruptcy from the realisation of the property comprised in the bankrupt’s estate, the costs and expenses of such realisation and the net amount received by the trustee in bankruptcy from such realisation;
(d)the monthly contribution and target contribution for the bankruptcy;
(e)the payments that have been made by the bankrupt to the bankrupt’s estate;
(f)any other payments that have been made to the bankrupt’s estate;
(g)any payments that have been made out of the bankrupt’s estate;
(h)any outstanding work to be done in relation to the administration of the bankruptcy.
(5)  On hearing the application for the removal of the trustee in bankruptcy, the Court may, if it thinks fit, dismiss the application, order that the trustee in bankruptcy be removed or make such other order as it thinks fit.
(6)  Where the Court orders the trustee in bankruptcy to be removed, the Court may include in the order —
(a)such other orders as it thinks fit in connection with the removal; and
(b)an order for the appointment of a new trustee of the bankrupt’s estate.
(7)  Unless otherwise ordered by the Court, the costs of and incidental to an application for the removal of a trustee in bankruptcy are not to be borne by the estate.
(8)  Where a trustee in bankruptcy is ordered to be removed by the Court, the applicant for the order (if the applicant is not the Official Assignee) must serve a copy of the order on the Official Assignee and on the trustee in bankruptcy, within 7 days after the making of the order.
Resignation of trustee in bankruptcy
49.—(1)  The affidavit supporting an application by a trustee in bankruptcy under section 44(3)(b) of the Act must exhibit the report mentioned in paragraph (2).
(2)  A report on the work done in relation to a bankrupt’s estate which is to be submitted to the Official Assignee under section 44(4)(a) of the Act must contain particulars of the following:
(a)the total amount of debts owed to creditors who have filed proofs of debt;
(b)the property of the bankrupt comprised in the bankrupt’s estate and the status of the realisation of such property;
(c)the monthly contribution and target contribution for the bankruptcy;
(d)the payments that have been made by the bankrupt to the bankrupt’s estate;
(e)any other payments that have been made to the bankrupt’s estate;
(f)any payments that have been made out of the bankrupt’s estate;
(g)any outstanding work to be done in relation to the administration of the bankruptcy;
(h)such other information relating to the administration of the bankruptcy by the trustee in bankruptcy as is required by the Official Assignee.
Powers of Court
50.—(1)  The Court may, on the application of the Official Assignee, make such orders as it thinks necessary for the enforcement of the duties of a trustee in bankruptcy under the Act, these Rules and the regulations.
(2)  The Court may order that the costs of and incidental to the Official Assignee’s application under paragraph (1) be borne by the trustee in bankruptcy.