125Appointment of insolvency professional as bankruptcy trustee
(1) If an insolvency professional is proposed as the bankruptcy trustee in the application for bankruptcy under section 122 or section 123, the Adjudicating Authority shall direct the Board within seven days of receiving the application for bankruptcy to confirm that there are no disciplinary proceedings pending against such professional.
(2) The Board shall within ten days of the receipt of the direction under sub-section (1) in writing either--
(a) confirm the appointment of the proposed insolvency professional as the bankruptcy trustee for the bankruptcy process; or
(b) reject the appointment of the proposed insolvency professional as the bankruptcy trustee and nominate another bankruptcy trustee for the bankruptcy process.
(3) Where a bankruptcy trustee is not proposed by the debtor or creditor under section 122 or 123, the Adjudicating Authority shall direct the Board within seven days of receiving the application to nominate a bankruptcy trustee for the bankruptcy process.
(4) The Board shall nominate a bankruptcy trustee within ten days of receiving the direction of the Adjudicating Authority under sub-section (3).
(5) The bankruptcy trustee confirmed or nominated under this section shall be appointed as the bankruptcy trustee by the Adjudicating Authority in the bankruptcy order under section 126.
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- 121 Application for bankruptcy
- 122 Application by debtor
- 123 Application by creditor
- 124 Effect of application
- 125 Appointment of insolvency professional as bankruptcy trustee
- 126 Bankruptcy order
- 127 Validity of bankruptcy order
- 128 Effect of bankruptcy order
- 129 Statement of financial position
- 130 Public notice inviting claims from creditors
- 131 Registration of claims
- 132 Preparation of list of creditors
- 133 Summoning of meeting of creditors
- 134 Conduct of meeting of creditors
- 135 Voting rights of creditors
- 136 Administration and distribution of estate of bankruptcy
- 137 Completion of administration
- 138 Discharge order
- 139 Effect of discharge
- 140 Disqualification of bankrupt
- 141 Restrictions on bankrupt
- 142 Modification or recall of bankruptcy order
- 143 Standard of conduct
- 144 Fees of bankruptcy trustee
- 145 Replacement of bankruptcy trustee
- 146 Resignation by bankruptcy trustee
- 147 Vacancy in office of bankruptcy trustee
- 148 Release of bankruptcy trustee