Law library · Sierra Leone · The Bankruptcy Act, 2009
Section 22, The Bankruptcy Act, 2009
Status not yet checkedThe Bankruptcy Act, 2009, Sierra Leone
(1) Where a debtor is adjudged bankrupt or the creditorshave resolved that he be adjudged bankrupt, the creditors may, by
ordinary resolution appoint the official receiver or some other fit
person, whether a creditor or not, to fill the office of trustee of the
property of the bankrupt or they may resolve to leave his appointment
to the committee of inspection; but a person shall not be deemed not
fit to act as the trustee of the property of a bankrupt where he has
been previously removed from the office of trustee of a bankrupt’s
property for misconduct or negligence of duty.
(2) The person appointed shall, unless he is the official
receiver, give such security as the court may direct or as may be
prescribed, and the court, if satisfied with the security, shall certify
under the hand of the Registrar that his appointment has been duly
made, unless the appointment is disapproved by the court on the
ground that it has not been made in good faith by a majority in value
of the creditors voting, or that the person appointed is not fit to act
as trustee, or that his connection with or relation to the bankrupt or
his estate or any particular creditor makes it difficult for him to act
with impartiality in the interest of the creditors generally.
(3) The appointment of a trustee shall take effect from
the date of the certificate.
(4) When a debtor is adjudged bankrupt after the first
meeting of creditors has been held and a trustee has not been
appointed prior to the adjudication, the official receiver shall forthwith
summon a meeting of creditors for the purpose of appointing a trustee;
and if no trustee is then appointed by the creditors the court shall, on
the application of the official receiver appoint the official receiver or
some other fit person to be trustee.
18 19
Effect of
composition
or scheme.
Adjudication
of bankruptcy
where
composition
not accepted
or not
approved.
Appointment
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