146Resignation by bankruptcy trustee
(1) A bankruptcy trustee may resign if—
(a) he intends to cease practising as an insolvency professional; or
(b) there is conflict of interest or change of personal circumstances which preclude the further discharge of his duties as a bankruptcy trustee.
(2) The Adjudicating Authority shall, within seven days of the acceptance of the resignation of the bankruptcy trustee, direct the Board for his replacement.
(3) The Board shall, within ten days of the direction of the Adjudicating Authority under sub-section (2) recommend another bankruptcy trustee as a replacement.
(4) The Adjudicating Authority shall appoint the bankruptcy trustee recommended by the Board under sub-section (3) within fourteen days of receiving the recommendation.
(5) The replaced bankruptcy trustee shall deliver possession of the estate of the bankrupt to the bankruptcy trustee appointed under sub-section (4), on the date of his appointment.
(6) The Adjudicating Authority may give directions to the bankruptcy trustee who has resigned—
(a) to share all information with the new bankruptcy trustee in respect of the bankruptcy process; and
(b) to co-operate with the new bankruptcy trustee in such matters as may be required.
(7) The bankruptcy trustee appointed under this section shall give a notice of his appointment to the committee of creditors and the bankrupt within seven days of his appointment.
(8) The bankruptcy trustee replaced under this section shall be released in accordance with the provisions of section 148.
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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