FREE BOOKS

Author's List




PREV.   NEXT  
|<   617   618   619   620   621   622   623   624   625   626   627   628   629   630   631   632   633   634   635   636   637   638   639   >>  
h the appointment is open. But the removal is in like manner subject to appeal at the instance of creditors. If a receiving order is made against a trustee he thereby vacates office. He may also, with the consent of a general meeting of creditors, resign, but his resignation does not operate as a release from his liability to account for his administration. _Powers and Duties._--The trustee is required to take immediate possession of the bankrupt's property, including deeds, books and accounts, and has the powers of a receiver in the High Court for the purpose of enforcing delivery. After payment of the costs of administration it is his duty to distribute the estate in dividends as speedily as possible. He may also, and with the sanction of the committee, or, where there is none, with that of the Board of Trade, carry on the business so far as is necessary to a beneficial winding-up, institute or defend legal proceedings, employ a solicitor to do any business previously sanctioned by the same authority, compromise debts and claims, raise money on mortgage, sell property on credit, or divide the estate where practicable among the creditors in its existing form. He may, without special sanction, but subject to any directions which may be given by the creditors in general meeting, or failing them by the committee, sell the property or any part of it for cash, including business goodwill and book debts, and either by public auction or private treaty, and generally exercise all the powers which the bankrupt might before adjudication have exercised in relation to the property, or which are by the Bankruptcy Act conferred on the trustee. Where any part of the property is held subject to onerous obligations, such as the payment of rent, &c., the trustee may disclaim the same, subject in certain cases to the leave of the court, and the disclaimer operates to determine all interest in or liability in respect of the property on the part of the estate. The trustee is required to keep a record book (which is commenced by the official receiver), containing minutes of the proceedings in the bankruptcy, and a cash book in the prescribed form, in which all receipts and payments by him must be entered. All monies received must forthwith be paid into an account at the Bank of England, entitled the "Bankruptcy Estates Account," which is under the control of the Board of Trade, unless where in special circumstances the sanction of that de
PREV.   NEXT  
|<   617   618   619   620   621   622   623   624   625   626   627   628   629   630   631   632   633   634   635   636   637   638   639   >>  



Top keywords:

property

 
trustee
 

subject

 

creditors

 
estate
 

business

 
sanction
 

account

 

liability

 

including


administration

 

bankrupt

 

required

 

powers

 

proceedings

 

receiver

 

special

 
Bankruptcy
 

committee

 

payment


meeting
 

general

 
relation
 
auction
 

goodwill

 

public

 

failing

 

directions

 
conferred
 

private


adjudication

 
exercise
 

treaty

 

generally

 

exercised

 

determine

 

received

 

forthwith

 

monies

 

receipts


payments

 

entered

 

control

 

circumstances

 

Account

 
England
 

entitled

 
Estates
 

prescribed

 

bankruptcy