SCHEDULES

SCHEDULE 9Abolition of requirements to hold meetings; opted-out creditors

PART 2Individual insolvency

Bankruptcy

I1I277

1

Section 298 (trustee's vacation of office) is amended as follows.

2

In subsection (1), for “general meeting of the bankrupt's creditors summoned” substitute “decision of the bankrupt's creditors made by a creditors' decision procedure instigated”.

3

In subsection (4)—

a

for “general meeting of the bankrupt's creditors shall be summoned” substitute “creditors' decision procedure may be instigated”;

b

for “replacing” substitute “ removing ”;

c

in paragraph (c)—

i

omit “the meeting is requested by”;

ii

after “bankrupt's creditors” insert “ so requests, ”.

4

After subsection (4) insert—

4A

Where the bankrupt's creditors decide to remove a trustee, they may in accordance with the rules appoint another person as trustee in his place.

4B

Where the decision to remove a trustee is made under subsection (4), the decision does not take effect until the bankrupt's creditors appoint another person as trustee in his place.

5

In subsection (8), for the words from “a final” to the end substitute “ the trustee has given notice under section 331(2). ”

6

After subsection (8) insert—

8A

A notice under subsection (8)—

a

must not be given before the end of the period prescribed by the rules as the period within which the bankrupt's creditors may object to the trustee's release, and

b

must state whether any of the bankrupt's creditors objected to the trustee's release.