Section 83: Duties as regards debtor’s estate

83. Duties as regards debtor’s estate (1) As regards the estate of a debtor, the Official Receiver shall— (a) pending the appointment of a trustee, act as interim receiver of the debtor’s estate, and, where a special manager is not appointed, as manager thereof; (b) subject to the approval of the Court, authorise the special manager to raise money or make advances for the purposes of the estate in any case where, in the interests of the creditors, it appears necessary so to do; (c) summon and preside at the first meeting of creditors; (d) issue forms of proxy for use at the meetings of creditors; (e) report to the creditors as to any proposal which the debtor may have made with respect to the mode of liquidating his affairs; (f) advertise the receiving order, the date of the creditor’s first meeting and of the debtor’s public examination, and such other matters as it may be necessary to advertise; (g) act as trustee during any vacancy in the office of trustee. (2) For the purpose of his duties as interim receiver or manager, the Official Receiver shall have the same powers as if he were an accountant and manager appointed by the Court, but shall as far as practicable consult the wishes of the creditors with respect to the management of the debtor’s property and may for that purpose, if he thinks it advisable, summon meetings of the persons claiming to be creditors, and shall not, subject to subsection (3) or unless the Court otherwise orders, incur any expense beyond such as is requisite for the protection of the debtor’s property or the disposing of perishable goods. (3) Where the debtor cannot himself prepare a proper statement of affairs, the Official Receiver may, subject to any prescribed conditions, and at the expense of the estate, employ some person or persons to assist in the preparation of the statement of affairs. PART V — TRUSTEES IN BANKRUPTCY