Jurisdiction(s):
United Kingdom

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Key definition

Trustee in bankruptcy definition

What does Trustee in bankruptcy mean? A trustee in bankruptcy is the insolvency practitioner who takes control of a bankrupt individual’s estate, realises assets and distributes the proceeds to creditors. In England and Wales and in Northern Ireland, this is a statutory office under the insolvency Act 1986 and the Insolvency (Northern Ireland) Order 1989. The trustee is usually an authorised insolvency practitioner appointed by creditors, the Secretary of State/Department, or the court after a bankruptcy order; the Official Receiver may act until then. On appointment, the bankrupt’s estate vests in the trustee, who investigates affairs, recovers assets (including challenging transactions at an...

GDPR and former trustee in bankruptcy’s duty to deliver up (IA 1986 s312(2)(b))

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Q&As

GDPR

The General Data protection Regulation (GDPR), Regulation (EU) 2016/679, sets out a framework that protects individuals in respect of the processing of personal data, whilst at the same time promoting the free movement of that data. The Data Protection Act 2018 incorporates the GDPR into the law of England and Wales. Accordingly, it applies to the handling of data within Insolvency proceedings in this jurisdiction. For comprehensive information and an overview of the GDPR regime, see: UK data protection law collection.

GDPR and Insolvency Proceedings

As noted in the question, section 312(2)(b) of the Insolvency Act 1986 (IA 1986) imposes a duty on the prior Trustee in bankruptcy to deliver property and records to the new trustee in bankruptcy. It is important to recognise that this obligation has serious consequences, and a failure to comply amounts to contempt of court...

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Web page updated on 27/05/2026

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