
Challenging a Trustee in Bankruptcy Remuneration
In the current economic climate with escalating debt problems and an increasing number of personal insolvencies, it would appear that trustees’ in bankruptcies are figuratively on the winning team in terms of fees. If you are facing problems with debt, a debt lawyer will be able to assist you. Duncan Lewis has an experienced team of debt lawyers, who can offer practical, confidential and accurate legal advice, both on a private or legal aid law basis.
Recent changes to the law and case law have illustrated that now more than ever there is to be greater scrutiny of extortionate trustee’s fees which are borne out of the ‘set the timer’ charging culture.
Facts of case A
The trustee in bankruptcy’s schedule indicates a claim for his remuneration was 286,440.70 in order to settle the bankruptcy petitioner’s costs of London Borough Brent Council for the sum of 939.25 and other liabilities to creditors totalling 66,205.27. Does this seem proportionate?
Proportionality
The Insolvency (Amendment) Rules 2010 that came into force on 6 April 2010 symbolize the most extensive overhaul of the Insolvency Rules since 1986.