IBC 146 — Resignation by bankruptcy trustee

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) A bankruptcy trustee may resign if—
(a) he intends to cease practising as an insolvency professional; or (b)  there  is  conflict  of  interest  or  change  of  personal  circumstances  which  preclude  the  further discharge of his duties as a bankruptcy trustee.
(2)  The  Adjudicating  Authority  shall,  within  seven  days  of  the  acceptance  of  the  resignation  of  the bankruptcy trustee, direct the Board for his replacement.

(3)   The Board   shall,   within   ten   days   of   the   direction   of   the   Adjudicating   Authority   under sub-section (2) recommend another bankruptcy trustee as a replacement.
(4)  The  Adjudicating  Authority  shall  appoint  the  bankruptcy  trustee  recommended  by  the  Board under sub-section (3) within fourteen days of receiving the recommendation.
(5)  The  replaced  bankruptcy  trustee  shall  deliver  possession  of  the  estate  of  the  bankrupt  to  the bankruptcy trustee appointed under sub-section (4), on the date of his appointment.
(6) The Adjudicating Authority may give directions to the bankruptcy trustee who has resigned—
(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.
(7) The bankruptcy trustee appointed under this section shall give a notice of his appointment to the committee of creditors and the bankrupt within seven days of his appointment.
(8)  The  bankruptcy  trustee  replaced  under  this  section  shall  be  released  in  accordance  with  the provisions of section 148.

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