HC Deb 04 July 1890 vol 346 c800
MR. W. P. SINCLAIR (Falkirk, &c.)

I beg to ask the President of the Board of Trade whether he is aware that Official Receivers in Bankruptcy frequently act as Trustees in cases other than those provided by law when he may or shall so act, and contrary to Sub-section 5, Section 21, of the Bankruptcy Act of 1883, which provides that— The Official Receiver shall not, save as in this Act provided, be the Trustee of the bankrupt's property; and whether he can explain how this custom has arisen without being interfered with by the Board of Trade, and if he will take steps to put an end to the practice?


No, Sir; there is no practice of the kind suggested. There are a few cases in which, under the provisions of Sub-section 1 of Section 54 of the Bankruptcy Act, Official Receivers have acted as Trustees when no summary order was obtained. Of the cases closed last year, only 14 in the High Court, and 19 in the County Courts were cases in which the assets realised more than £300. In all of them, I believe, the creditors either failed to meet or met and passed a unanimous resolution that no Trustee be appointed, and, so far as I am aware, no complaint has ever been received in the Bankruptcy Department from any creditor in London or the country on this head.