Appointment of trustee
Under the FAB rules, there are two ways to have a trustee appointed.
•The first is to make an application and not to nominate a trustee. In this case, the AiB is the trustee. The AiB may then allocate the case to one of their contracted insolvency providers for administration, but they remain the trustee.
•The other way is to get the agreement of an insolvency practitioner and nominate them to be the trustee. This can be advantageous as the client can contact them before making the application and discuss how the bankruptcy will be run, how much the debtor contribution order (DCO) may be and how assets will be dealt with.
If the client has a reasonable contribution to make, it may be better if they appoint a trustee to look after their case.
Debt advisers should have a couple of insolvency practitioners to run cases by before making any applications. Remember to set up proper referral procedures and ensure you get feedback from both the insolvency practitioner and the client on the progress and administration of their case.
The insolvency practitioner must agree to be the trustee and complete Form 12. This form is included in Part 2 of the application. A copy can also be found at .