IBC 145 — Replacement of bankruptcy order

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) Where Committee of creditors is of the opinion that at any time during the bankruptcy process, a bankruptcy trustee appointed under section 125 is required to be  replaced,  it  may  replace  him  with  another  bankruptcy  trustee  in  the  manner  provided  under  this section.
(2) The Committee of creditors may, at a meeting, by a vote of seventy-five per cent. of voting share, propose to replace the bankruptcy trustee appointed under section 125 with another bankruptcy trustee.
(3) The  Committee  of  creditors  may  apply  to the  Adjudicating  Authority  for the  replacement  of the bankruptcy trustee.
(4)  The  Adjudicating  Authority  shall  within  seven  days  of  the  receipt  of  the  application  under  sub-section (3) direct the Board to recommend for replacement of bankruptcy trustee.
(5) The Board shall, within ten days of the direction of the Adjudicating Authority under sub-section (4),  recommend  a  bankruptcy  trustee  for  replacement  against  whom  no  disciplinary  proceedings  are pending.
(6) The Adjudicating Authority shall, by an order, appoint the bankruptcy trustee as recommended by the Board under sub-section (5) within fourteen days of receiving such recommendation.
(7)  The  earlier  bankruptcy  trustee  shall  deliver  possession  of  the  estate  of  the  bankrupt  to  the bankruptcy trustee appointed under sub-section (6), on the date of his appointment.
(8) The Adjudicating Authority may give directions to the earlier bankruptcy trustee—
(a) to share all information with the new bankruptcy trustee in respect of the bankruptcy process;
and (b) to co-operate with the new bankruptcy trustee in such matters as may be required.
(9) The earlier bankruptcy trustee replaced under this section shall be released in accordance with the provisions of section 148.
(10) The bankruptcy trustee appointed under this section shall give a notice of his appointment to the bankrupt within seven days of his appointment.

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