Section 145:
Replacement of bankruptcy trustee.
(1) Where Committee of creditors is of the opinion that at
any time during the bankruptcy process, a bankruptcy trustee appointed under section 125 is required to
be replaced, it may replace him with another bankruptcy trustee in the manner provided under this
section.
(2) The Committee of creditors may, at a meeting, by a vote of seventy-five per cent. of voting share,
propose to replace the bankruptcy trustee appointed under section 125 with another bankruptcy trustee.
(3) The Committee of creditors may apply to the Adjudicating Authority for the replacement of the
bankruptcy trustee.
(4) The Adjudicating Authority shall within seven days of the receipt of the application under subsection
(3) direct the Board to recommend for replacement of bankruptcy trustee.
(5) The Board shall, within ten days of the direction of the Adjudicating Authority under sub-section
(4), recommend a bankruptcy trustee for replacement against whom no disciplinary proceedings are
pending.
(6) The Adjudicating Authority shall, by an order, appoint the bankruptcy trustee as recommended by
the Board under sub-section (5) within fourteen days of receiving such recommendation.
(7) The earlier bankruptcy trustee shall deliver possession of the estate of the bankrupt to the
bankruptcy trustee appointed under sub-section (6), on the date of his appointment.
(8) The Adjudicating Authority may give directions to the earlier bankruptcy trustee--
(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.
(9) The earlier bankruptcy trustee replaced under this section shall be released in accordance with the
provisions of section 148.
(10) The bankruptcy trustee appointed under this section shall give a notice of his appointment to the
bankrupt within seven days of his appointment.
Notes: