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The Insolvency (England and Wales) Rules 2016

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This is the original version (as it was originally made).

Decision of creditors to remove trustee (section 298(1))
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10.78.—(1) Where the convener of the decision procedure or chair of a meeting of creditors is other than the official receiver, and a decision is taken to remove the trustee, the convener or chair must, within three business days, deliver a certificate to that effect to the official receiver.

(2) If the creditors have decided to appoint a new trustee, the certificate of the new trustee’s appointment must also be delivered to the official receiver within three business days from the date of that decision and rule 10.68 must be complied with in relation to it.

(3) The certificate of the trustee’s removal must be authenticated and dated by the convener or chair and—

(a)identify the bankrupt;

(b)identify and provide contact details for the removed trustee;

(c)state that the creditors decided that the trustee specified in the certificate be removed from office as trustee of the bankrupt’s estate;

(d)state the decision date and the decision procedure used; and

(e)state that the creditors either—

(i)did not decide against the trustee being released, or

(ii)decided that the trustee should not be released.

(4) The trustee’s removal is effective from the date of the certificate of removal.

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