Bankruptcy – Nobile Officium – Discharge of Trustee and Bankrupt – Appointment of New Trustee.
A bankrupt was discharged without composition, and his trustee was also discharged. Certain creditors presented a petition for a remit to the Lord Ordinary on the Bills to order a meeting of creditors for the election of a new trustee, as certain assets had not been ingathered, and the petitioners’ debts had not been paid in full. The bankrupt objected that the trustee had abandoned all claim to these assets.
The First Division repelled the objection and granted the petition, and the House of Lords affirmed this decision and dismissed the appeal.
Judges:
Earl of Selborne, and Lords Watson, Bramwell, and Morris
Citations:
[1891] UKHL 950, 28 SLR 950
Links:
Jurisdiction:
Scotland
Insolvency
Updated: 30 June 2022; Ref: scu.636777