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Official receiver - trustee released

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  • Official receiver - trustee released

    Does anyone know when you receive a letter from your trustee in bankruptcy saying they are applied to be released as your trustee, what does this mean and what effect will it have on me as a bankrupt.
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  • #2
    Re: Official receiver - trustee released

    https://www.insolvencydirect.bis.gov...chapter_37.htm

    37.1 Introduction

    The official receiver may apply for his/her release as liquidator/trustee when the administration of a company, partnership or bankruptcy estate is for all practical purposes complete. Sections 174(3) and 299(2) provide that the official receiver applies to the Secretary of State for his/her release and that release takes effect from the date determined by the Secretary of State. The power of the Secretary of State with regard to release has been delegated to Estate Account Services (EAS), Birmingham. When the official receiver is released he/she is discharged as of that date from all liability in respect of what he/she has done or anything he/she has failed to do in the administration of the estate. He/she is also discharged from all liability in respect of his/her conduct as liquidator or trustee. Creditors, contributories and successor liquidators/trustees do still have recourse to the court under sections 212 or 304 (remedy against delinquent liquidator or trustee) but such an application may only be made with the permission of the court once the official receiver has obtained his/her release.
    In other words, apart from a few routine longer terms things, the case is done and dusted. The 'investigatory' part is over, so much as that applied, and they will wrap things up as much as they can.

    Will not affect your discharge date, but for you it's a good indication the OR thinks they can sign off on most parts of your file.

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