Kent Solicitors

When a bankruptcy order is made, this has the effect of vesting all of the bankrupt's assets in his trustee in bankruptcy immediately upon the trustee's appointment taking effect, or in the case of the official receiver, on his becoming trustee

Meanwhile, the assets remain vested in the bankrupt

However, the bankrupt has no standing to make an application for a stay of execution of a costs order against him pending an appeal.

It is for a bankrupt's trustee in bankruptcy to decide whether to pursue an appeal. If he declines to do so, the bankrupt can challenge that decision under the Insolvency Act 1986 s.303 and the court has power to direct the trustee to conduct the appeal, or allow the bankrupt to do so in the name of the trustee, where security has been provided.

Labels: Bankruptcy Order Assets Trustee Insolvency Appeal