The Compendium

A Comprehensive Companion for All in the Insolvency and Restructuring Profession

Treasury Solicitor

This is now called the ‘Government Legal Department’. The Treasury Solicitor’s Department was a non-ministerial Government department that provided legal services to the majority of central Government departments and often represented Government departments and other publicly funded bodies in England and Wales.

It received moneys that were obtained ‘bona vacantia’.

[See ‘Bona Vacantia’.]

Trustee in Bankruptcy

A Trustee in Bankruptcy (TinB) is the insolvency professional appointed at the commencement of a Bankruptcy of an individual debtor.

Their role is to obtain, realise and distribute all of the assets in the debtor’s estate, value them and sell them and maximise the realisations to the Bankrupt’s creditors.

The Official Receiver (OR) is generally appointed as the first Trustee in Bankruptcy, immediately upon the making of the Bankruptcy Order. The Trustee may apply to court for directions on administering the Bankrupt’s estate and is generally under the court’s control.

The Trustee will investigate the Bankrupt’s affairs, with a view to ensuring that the creditors receive the returns that are properly due to them. This duty of investigation includes looking at the circumstances of transactions that occurred before the Bankruptcy to see whether any of them are potentially open to challenge and might be set aside or otherwise adjusted for the benefit of the creditors. They are called ‘antecedent transactions’.

The Trustee in Bankruptcy has a wide range of powers gifted to them by statute to enable them to perform their role, including:

  • To carry on the business of the Bankrupt for the purpose of winding it up beneficially;
  • To bring or defend legal proceedings in relation to any claim by or against the Bankrupt;
  • To apply to the court for possession and sale of the Bankrupt’s home;