Duties etc. of trustee
19 Duties etc. of trustee
The duties of the trustee of the estate of a bankrupt include the following:
notifying the bankrupt’s creditors of the bankruptcy;
determining whether the estate includes property that can be realised to pay a dividend to creditors;
reporting to creditors within 3 months of the date of the bankruptcy on the likelihood of creditors receiving a dividend before the end of the bankruptcy;
determining whether the bankrupt has made a transfer of property that is void against the trustee;
taking appropriate steps to recover property for the benefit of the estate;
taking whatever action is practicable to try to ensure that the bankrupt discharges all of the bankrupt’s duties under this Act;
considering whether the bankrupt has committed an offence against this Act;
referring to the Inspector‑General or to relevant law enforcement authorities any evidence of an offence by the bankrupt against this Act;
administering the estate as efficiently as possible by avoiding unnecessary expense;
exercising powers and performing functions in a commercially sound way;
the duties imposed on the trustee under Schedule 2.
Where a person who became a bankrupt on a creditor’s petition is unable to prepare a proper statement of affairs, the trustee may employ, at the expense of the estate, a qualified person to assist in the preparation of the statement.
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