s 44 Removal of trustee in bankruptcy
44.—(1) A trustee in bankruptcy may be removed from office only by an order of the Court or by a general meeting of the bankrupt’s creditors summoned especially for that purpose in accordance with the regulations. (2) A trustee in bankruptcy vacates that office if the trustee in bankruptcy ceases to be a licensed insolvency practitioner. (3) Subject to subsection (4), a trustee in bankruptcy may resign from that office —(a) by giving 2 months’ notice of the trustee’s resignation to the Court and the Official Assignee; and (b) by filing an application to the Court for the appointment of the Official Assignee or another person to act as trustee of the bankrupt’s estate. (4) A trustee in bankruptcy cannot resign from that office unless the trustee —(a) has submitted to the Official Assignee a report on the work done in relation to the bankrupt’s estate, containing such particulars as may be prescribed; (b) has nominated to act as trustee of the bankrupt’s estate —(i) another person who consents to act as trustee; or (ii) the Official Assignee, if the Official Assignee consents in writing to the appointment; and (c) has given the bankrupt’s creditors notice of the trustee’s intention to resign and of the identity of the person nominated under paragraph (b). (5) A trustee in bankruptcy vacates that office if the bankruptcy order is annulled. (6) A trustee in bankruptcy must, not later than 2 months after vacating that office under subsection (2) or such further period as the Official Assignee may allow, submit to the Official Assignee a report on the work done in relation to the bankrupt’s estate, containing such particulars as may be prescribed. (7) A trustee in bankruptcy who, without reasonable excuse, fails to comply with subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.