IBC 147 — Vacancy in office of bankruptcy trustee

Insolvency & Bankruptcy Code, 2016

Statutory text

(1)  If  a  vacancy  occurs  in  the  office  of  the bankruptcy trustee for any reason other than his replacement or resignation, the vacancy shall be filled in accordance with the provisions of this section.
(2)  In  the  event  of  the  occurrence  of  vacancy  referred  to  in  sub-section  (1),  the  Adjudicating Authority shall direct the Board for replacement of a bankruptcy trustee.
(3)   The   Board   shall,   within   ten   days   of   the   direction   of   the   Adjudicating   Authority   under sub-section (2), recommend a 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  earlier  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  vacated  the office—
(a) to share all information with the new bankruptcy trustee in respect of the bankruptcy;
(b) to co-operate with the new bankruptcy trustee in such matters as may be required.
(7) The bankruptcy trustee appointed under sub-section (4) shall give a notice of his appointment to the committee of creditors and the bankrupt within seven days of his appointment.
(8) The earlier bankruptcy trustee replaced under this section shall be released in accordance with the provisions of section 148:
Provided  that  this  section  shall  not  apply  if  the  vacancy  has  occurred  due  to  temporary  illness  or temporary leave of the bankruptcy trustee.

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