Insolvency Act

71. Application to the Court to reverse or modify bankruptcy trustee's decision

Edition: 2022-12-31 · In force

71. Application to the Court to reverse or modify bankruptcy trustee's decision

(1)A person (including the bankrupt or a creditor) whose interests, monetary or otherwise, are detrimentally affected by an act or decision to which this section applies may apply to the Court to reverse or modify the act or decision.

(2)This section applies to—

(a)an act or decision of the bankruptcy trustee; or

(b)a decision of the Court in carrying out an examination under section 170.

(3)The application may be entertained only if is made—

(a)within twenty-one days after the act or decision; or

(b)within such extended period as the Court allows.

(4)On the hearing on an application made under subsection (1), the Court shall—

(a)confirm the bankruptcy trustee's act or decision, with or without such modifications as it considers appropriate; or

(b)if it is of the opinion that the act or decision was unfair or unreasonable, quash it.

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Source: Kenya Law