This blog post is one of a series of extracts from Insolvency Law Made Clear: A Guide for Debtors, the plain English, practical guidance for anyone facing demands over a debt they are struggling to pay.
An alternative procedure for the bankrupt to challenge the Trustee’s
fees is under r18.35. This route requires the permission of the court. In
order to receive permission, the bankrupt must show that there is, or
will be (or would be, but for the fees) a surplus to which they are entitled.
The difference between this application and one under r10.35 is
that it can be made even if not all the creditors are fully paid. It therefore
requires the permission of the court, because otherwise bankrupts
might complain about their Trustee’s expenses even when the
creditors are the ones paying. The court has discretion about whether
or not to grant permission. If permission is granted, the review process
is the same.