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The Insolvency (Northern Ireland) Order 1989

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This is the original version (as it was originally made).

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270.—(1) Subject to paragraph (2), where the High Court issues a certificate for the summary administration of a bankrupt’s estate, the official receiver shall, as from the issue of that certificate, be the trustee.

(2) Where such a certificate is issued or is in force, the High Court may, if it thinks fit, appoint a person other than the official receiver as trustee.

(3) Where a bankruptcy order is made in a case in which an insolvency practitioner’s report has been submitted to the High Court under Article 248 but no certificate for the summary administration of the estate is issued, the Court, if it thinks fit, may on making the order appoint the person who made the report as trustee.

(4) Where a bankruptcy order is made (whether or not on a petition under Article 238(1)(c)) at a time when there is a supervisor of a voluntary arrangement approved in relation to the bankrupt under Part VIII, the High Court, if it thinks fit, may on making the order appoint the supervisor of the arrangement as trustee.

(5) Where an appointment is made under paragraph (3) or (4), the official receiver is not under the duty imposed by Article 266(1) (to decide whether or not to summon a meeting of creditors).

(6) Where the trustee of a bankrupt’s estate has been appointed by the High Court, the trustee shall give notice to the bankrupt’s creditors of his appointment or, if the Court so allows, shall advertise his appointment in accordance with the directions of the Court.

(7) In that notice or advertisement he shall—

(a)state whether he proposes to summon a general meeting of the bankrupt’s creditors for the purpose of establishing a creditors' committee under Article 274, and

(b)if he does not propose to summon such a meeting, set out the power of the creditors under this Part to require him to summon one.

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