PART 11

Discharge

Discharge of debtor

Debtor not traced: new trustee
142
1
This section applies where a certificate is issued under section 141(4)(b).
2
The trustee may apply to AiB, in the prescribed form, for authority to resign office.
3
An application under subsection (2) must include details of every creditor known to the trustee.
4
An application under subsection (2) may not be made—
a
if, after the certificate is issued, the trustee ascertains the whereabouts of the debtor or the debtor makes contact with the trustee, or
b
after the date which is 6 months after that on which the certificate is issued.
5
Where an application is made under subsection (2), AiB must issue to the trustee who made the application a notice in the prescribed form granting the application.
6
Where a notice is issued under subsection (5)—
a
AiB is deemed to be the trustee,
b
AiB must notify every creditor known to AiB that AiB is deemed to be the trustee,
c
the former trustee is not entitled to recover, other than by a claim in the final distribution of the debtor's estate, outlays and remuneration payable under sections 132 and 133, and
d
subsections (9) to (13) of section 69 apply in relation to the appointment of AiB as the new trustee as they apply in relation to the appointment of a new trustee under that section.
S. 142 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2