Removal of trustee in bankruptcy

Copyright © 2025 LexisNexis
Published by a LexisNexis Restructuring & Insolvency expert
Practice notes

Removal of trustee in bankruptcy

Copyright © 2025 LexisNexis

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes
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The trustee of a bankrupt’s estate may be removed from office by:

  1. •

    an order of court, or

  2. •

    a decision of the bankrupt’s creditors made by a creditors’ decision procedure instigated specifically for that purpose in accordance with the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024

Where a trustee has been appointed by the Secretary of State, they may be removed by a direction of the Secretary of State.

Removal by court

Application may be made to court under section 298(1) of the Insolvency Act 1986 (IA 1986) for:

  1. •

    the removal of the trustee, or

  2. •

    an order directing the trustee to initiate a creditors’ decision procedure for the purpose of their removal

On receipt of an application under IA 1986, s 298(1), the court may, if it is satisfied that insufficient cause is shown for it, dismiss it without giving notice to any party other than the applicant.

Unless the application is dismissed, the court must fix a venue for it to be heard.

The applicant must,

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Jurisdiction(s):
United Kingdom

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