Section 53 of Insolvency Act CAP 53: Circumstances in which Official Receiver may decide not to convene first meeting of creditors

(1) The Official Receiver shall send the following documents with the notice of the first meeting of creditors— (a) a summary of the bankrupt's statement of assets and liabilities; (b) extracts...

(1) If, in the case of a bankruptcy, the Official Receiver has not yet convened a first meeting of creditors, or has decided not to convene such a meeting, any creditor of the bankrupt may request the...

(1) A creditor may not begin or continue an execution process in respect of the bankrupt's property or person for the recovery of a debt provable in the bankruptcy, after the Official...

If a bankrupt dies after being adjudged bankrupt, the bankruptcy continues in all respects as if the bankrupt were still alive.

The role of the creditors in the bankruptcy primarily— (a) to attend meetings of the creditors; (b) to submit proofs of the debts of the bankrupt; and (c) to examine the bankrupt at those...

(1) The power to appoint a person as a bankruptcy trustee in respect of a bankrupt's estate, or to fill a vacancy in such an appointment, is exercisable— (a) except as provided by paragraph (b) or...

(1) If a meeting convened under section 52 or 55 is held but no one is appointed as bankruptcy trustee, the Official Receiver shall decide whether or not there is a need to make such an...

(1) The Official Receiver may, at any time while acting as bankruptcy trustee in respect of a bankrupt's estate under a provision of this Division (other than section 62), appoint another qualified...

(1) If a bankruptcy order is made when there is a supervisor of a summary instalment order approved in relation to the bankrupt under Division 2 of Part IV, the Court may, if it considers it...

(1) A bankruptcy trustee may— (a) with the approval of the creditor's committee, exercise of any of the powers specified in Part 1 of the First Schedule; and (b) without that approval, exercise any...

(1) A bankruptcy trustee may sell property of the bankrupt before the first meeting of creditors only if — (a) it is perishable or is likely to rapidly diminish in value; (b) in that trustee's...

The title of a purchaser of the bankrupt's property from a bankruptcy trustee under a document that is made in the exercise of the bankruptcy trustee's power of sale in the First Schedule may not be...

(1) A bankruptcy trustee shall establish and maintain a bank account in respect of each bankrupt estate administered by that trustee and shall pay into the relevant account all money that that trustee...

(1) A bankruptcy trustee may, if the Court has first approved it, assign a right to sue that is conferred on the bankruptcy trustee by this Act. (2) An application for such an approval may— (a) be...

(1) If a member of a business partnership is adjudged bankrupt, the Court may authorise the bankruptcy trustee to bring proceedings in the names of the bankruptcy trustee and the bankrupt's...

(1) If a person is apprenticed or is an articled clerk to an employer who is adjudged bankrupt, either of them may give notice to the bankruptcy trustee or the Official Receiver requesting that the...

(1) A bankruptcy trustee may apply to the Court for directions on any question concerning the operation of this Part. (2) A bankruptcy trustee who acts under a direction of the Court discharges the...

(1) A person (including the bankrupt or a creditor) whose interests, monetary or otherwise, are detrimentally affected by an act or decision to which this section applies may apply to the Court to...

(1) A bankruptcy trustee shall— (a) keep proper accounting records for each bankruptcy in the form and manner prescribed by the insolvency regulations; and (b) if required by the Court to do so,...

(1) The bankruptcy trustee shall prepare a final statement of receipts and payments that complies with subsection (2)— (a) as soon as practicable after the distribution of the final dividend has been...

(1) If, in relation to a bankruptcy, the Official Receiver is not the bankruptcy trustee, the Official Receiver may from time to time audit— (a) the bankruptcy trustee's accounting records for any...

(1) Except as otherwise provided by this section, a bankruptcy trustee appointed in respect of a bankrupt’s estate may be removed from office only by— (a) an order of the Court; or (b) a creditor's...

(1) If a person has been appointed by the Court to replace the Official Receiver on his or her ceasing to hold office as bankruptcy trustee in respect of a bankrupt's estate, the Official Receiver is...

(1) This section applies when a person other than the Official Receiver ceases hold office as a bankruptcy trustee. (2) If the person has been removed from office by a meeting of the bankrupt’s...

(1) This section applies to a vacancy in the office of bankruptcy trustee that has arisen because— (a) the appointment of a person as bankruptcy trustee has failed to take effect; or (b) when such...

(1) If, in relation to the bankruptcy trustee in respect of a bankrupt's estate, a person (including the bankrupt or a creditor of the bankrupt) is dissatisfied with any act, omission to act or...

(1) Any of the following persons make an application to the Court for an order under this section relating to a bankruptcy trustee's administration of a bankrupt's estate— (a) the Official...

There are two kinds of creditors' meetings— (a) the first meeting of creditors; and (b) subsequent creditors' meetings.

(1) The bankruptcy trustee may at any time convene a meeting of creditors after the first meeting of creditors. (2) The bankruptcy trustee shall convene such a meeting if— (a) requested to do so by a...

A meeting of creditors convened by notice to creditors, and a resolution passed at the meeting, is valid even if some creditors may not have received the notice, unless the Court orders otherwise.

(1) The Chairperson of a creditors' meeting is the bankruptcy trustee or a person appointed by the bankruptcy trustee to be the Chairperson. (2) However, if neither the bankruptcy trustee nor the...

The Chairperson of a creditors' meeting may adjourn the meeting from time to time and place to place.

If the bankruptcy trustee attends a creditors' meeting or an adjournment of the meeting, the bankruptcy trustee shall— (a) report on the administration of the bankrupt's estate; (b) give any...

(1) A person may attend a creditors' meeting— (a) by being physically present at the time, date and place appointed for the meeting; or (b) if the bankruptcy trustee makes it available, by means of...

(1) The bankrupt shall, if required by the bankruptcy trustee, attend all creditors' meetings by being physically present or present by an audio or audio-visual link. (2) The following persons may...

A person who is not a creditor of the bankrupt may attend a creditors' meeting with the consent of— (a) the bankruptcy trustee; or (b) the creditors attending the meeting, voting by ordinary...

(1) The bankruptcy trustee shall ensure that minutes are kept of each creditors' meeting. (2) The minutes are invalid unless signed by the bankruptcy trustee or the Chairperson of the...

(1) A creditors' meeting is not valid unless at least the following persons attend— (a) the bankruptcy trustee or a person who represents the bankruptcy trustee; (b) a creditor or a person who...

(1) Any of the following persons may represent a creditor at a creditors' meeting— (a) an advocate; (b) a certified public accountant; (c) a person who keeps the creditor's or bankrupt's accounting...

(1) At a creditors' meeting— (a) an ordinary resolution is passed if a majority in number and value of the creditors, or their proxies, who attend and who vote on the resolution vote in favour of it;...

(1) A creditor who is entitled to vote at a creditors' meeting may vote on a resolution to be put to the meeting— (a) by postal vote; or (b) by electronic vote, if the voting paper for the...

Creditors of the bankrupt who are entitled to vote, or their representatives, may vote at a creditors' meeting, but this rule is subject to sections 96 to 98.

A debt that is secured only entitles the creditor to vote at a creditors' meeting if the creditor has— (a) surrendered the charge; (b) valued the charge; or (c) realised the charge.

(1) A debt on, or secured by, a current bill of exchange or promissory note entitles the creditor to vote only if the creditor is willing to take the following steps— (a) to treat a qualifying...

(1) A person is not entitled to vote in favour of a resolution that would, if passed, directly or indirectly enable that person or any of the following persons to receive remuneration from the...

The bankruptcy of a partner of a firm who is indebted to a creditor jointly with one or more of the other partners entitles the creditor to prove the debt for the purpose of voting at any creditors'...

(1) A creditors' meeting may pass an ordinary resolution— (a) appointing an expert to assist the bankruptcy trustee in the administration of the bankrupt's estate; and (b) providing for the expert's...

A creditor who has lodged a creditor's claim, or an advocate or a certified public accountant who is acting for the creditor, is entitled at any reasonable time to inspect or take copies of— (a) the...

(1) A general meeting of the creditors of a bankrupt may establish a creditors' committee to perform the functions conferred on it by or under this Part. (2) A general meeting of the creditors of a...

(1) A creditors' committee may not perform its functions if at any time the Official Receiver is bankruptcy trustee in respect of the bankrupt's estate. (2) If, in the case of a bankruptcy, no...