Can someone please advise me on how to apply to the Court to review the conduct of a Trustee in Bankruptcy?
Province/Country relating to question : Hampshire
Written to the Trustee's professional body to complain. Found details on Trustee's obligations.
Can you explain your issues? Does it relate to remuneration or to general conduct?
The subject is long and protracted. I want the court to review how the Trustee has conducted himself. The Trustee has refused to meet with me or give any details of the debts. I believe I paid off all of my debts and this argument has been going on for seven years. I used lawyers and spent over 150k. I have paid the trustee's lawyers over 250k and paid the trustee 150k for the interest in my house. I also paid over 30k for an IPO, but due to the other costs was unable to complete the payments. The Trustee had many times more money than was needed, but decided to make me bankrupt again. He is now, via his lawyers who are on a 'no win, no fee basis looking to take possession of my house and get another IPO.I need the court to review the Trustees intentions and see that all of the money has gone in fees and no creditor has ever been contacted.
Normally it is the creditors who oversee the the trustee in bankruptcy and he is obliged to report to creditors and indeed to you not least because you have a right to challenge his remuneration. under the insolvency rules you can apply to the court to have him removed ( rule 6.132 ) or have creditors meeting convened for that purpose. You can also challenge his fees but only within a set time of his reports showing what they are.
I am aware of all the points contained in your answer. The Trustee has never called a meeting of the creditors or reported to them or me.I need to know how to apply to the court. What forms, what wording etc.Thanks
That is quite extraordinary . How can a trustee be in office for 7 years and never report? Surely the petitioning creditor or the insolvency service have something to say about that? An application under the rules is made under part seven and there is a standard form for applicant which you will find here:http://www.legislation.gov.uk/uksi/2010/686/schedule/2/madeYou need form 7.1 A which you can scroll down to. I assume you have the court details from the original petition and you simply file an application to remove the Trustee under Rule 6.132 and " such other order as the court thinks fit" or seething to that effect. You will need to file a supporting affidavit explaining the reasons you are seeking the order.
Thanks for the info. I will complete the forms and produce the affidavit.Would you advise writing to the OR? They appointed the Trustee originally.
Yes definitely write to the OR particularly if the Trustee has not been reporting.
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