Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 17 · Administration in Bankruptcy
380. Power to allow bankrupt to manage property and make allowance to bankrupt, etc.
Feedback & supportThe Official Assignee may appoint the bankrupt to superintend the management of the bankrupt’s property or any part of the property, or to carry on the bankrupt’s trade (if any) for the benefit of the bankrupt’s creditors, and in any other respect to aid in administering the property in such manner and on such terms as the Official Assignee directs.
Official Assignee
“Official Assignee” means the Official Assignee appointed under section 16(1) and includes a Deputy Official Assignee, a Senior Assistant Official Assignee and an Assistant Official Assignee;
The Official Assignee may make such allowance as the Official Assignee thinks just to the bankrupt out of the bankrupt’s property for the support of the bankrupt and the bankrupt’s family, or in consideration of the bankrupt’s service if the bankrupt is engaged in winding up the bankrupt’s estate, but the Court may reduce the allowance and limit the time for which it may be made.
bankrupt
“bankrupt” means —(a)an individual debtor who has been adjudged bankrupt by a bankruptcy order; or(b)where a bankruptcy order has been made against a firm, each of the partners in the firm;
Where the bankrupt has died, the Official Assignee may make an allowance to members of the bankrupt’s family for their support.
family
“family”, in relation to a bankrupt, means the persons (if any) who are living with and dependent on the bankrupt;
The Official Assignee may also make an allowance to defray the funeral expenses of the bankrupt.
In fixing the amount of the allowance, the Official Assignee may take into account any assistance rendered by the bankrupt in the administration or management of the bankrupt’s property or the carrying on of the bankrupt’s trade.
property
“property” includes —(a)money, goods, things in action, land and every description of property, wherever situated; and(b)obligations and every description of interest, whether present or future or vested or contingent, arising out of or incidental to property;