Q&As

Does a trustee have the power to enter into agreements on behalf of the bankrupt and, if so, does it makes a difference if the subject matter of the agreement relates to an asset or to a liability of the bankrupt estate?

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Produced in partnership with Caroline Clark
Published on LexisPSL on 27/01/2016

The following Restructuring & Insolvency Q&A produced in partnership with Caroline Clark provides comprehensive and up to date legal information covering:

  • Does a trustee have the power to enter into agreements on behalf of the bankrupt and, if so, does it makes a difference if the subject matter of the agreement relates to an asset or to a liability of the bankrupt estate?
  • Does a trustee have the power to enter into agreements on behalf of the bankrupt?
  • Does it make a difference if the subject matter of the agreement relates to an asset or to a liability of the bankrupt estate?

Does a trustee have the power to enter into agreements on behalf of the bankrupt and, if so, does it makes a difference if the subject matter of the agreement relates to an asset or to a liability of the bankrupt estate?

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change.

Does a trustee have the power to enter into agreements on behalf of the bankrupt?

A trustee in bankruptcy is not the agent of the bankrupt and so does not enter into agreements on behalf of the

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