PART 4

Trustees and commissioners

Removal of trustee and appointment of new trustee

Removal of trustee other than where trustee is unable to act or should no longer continue to act: general
70
1
The trustee in the sequestration (in this section and in sections 71 to 73 referred to as “T”) may be removed from office—
a
by the creditors at a meeting called for the purpose if they also forthwith elect a new trustee, or
b
by order made by AiB if AiB is satisfied that, on the basis of circumstances other than those mentioned in section 72(2), there are reasons to remove T from office.
2
An order removing T in accordance with subsection (1)(b) may be made—
a
on the application of—
i
the commissioners, or
ii
a person representing not less than ¼ in value of the creditors, or
b
in any other case where AiB is satisfied as mentioned in that subsection.
3
“Creditors”, in subsection (1)(a), does not include—
a
anyone who, other than by succession, acquires after the date of sequestration a debt due by the debtor, or
b
any creditor to the extent that the creditor's debt is a postponed debt.
4
AiB must—
a
order any application by a person mentioned in subsection (2)(a) to be served on T,
b
enter particulars of the application in the register of insolvencies, and
c
before deciding whether or not to make an order under subsection (1)(b), give T the opportunity to make representations.
5
AiB may—
a
in ordering, or
b
instead of ordering,
the removal of T from office under subsection (1)(b), make such further or other order as AiB thinks fit.
6
This section and sections 71 to 75 do not apply where AiB is the trustee in the sequestration.
7
This section is without prejudice to section 200(4).