PART 11

Discharge

Discharge of trustee

Further provision as regards discharge of trustee
149
1
The trustee, the debtor or any creditor who has made representations under subsection (4)(a) of section 148 may apply to AiB for a review of a determination under subsection (5) of that section.
2
Any application under subsection (1) must be made within 14 days beginning with the day of the determination.
3
If an application for a review under subsection (1) is made, AiB must—
a
take into account any representations made, within 21 days beginning with the day on which the application is made, by an interested person, and
b
confirm, amend or revoke the determination (whether or not issuing a new certificate of discharge) within 28 days beginning with that day.
4
Within 14 days after a decision under subsection (3)(b)—
a
the trustee,
b
the debtor, or
c
any creditor who made representations under section 148(4)(a),
may appeal against the decision to the sheriff.
5
If, on an appeal under subsection (4), the sheriff determines that a certificate of discharge which has been refused should be granted the sheriff must order AiB to grant it.
6
The sheriff clerk must send AiB a copy of the sheriff's decree.
7
The decision of the sheriff on an appeal under subsection (4) is final.
8
Where a certificate of discharge is granted under section 148 or by virtue of this section, AiB must make an appropriate entry in—
a
the register of insolvencies, and
b
in the sederunt book.
9
The provisions of this section apply (subject to any necessary modifications)—
a
where a trustee has died, to the trustee's executor, or
b
where a trustee has resigned office or been removed from office, to that trustee,
as they apply to a trustee who has made a final division of the debtor's estate in accordance with the preceding provisions of this Act.
S. 149 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2