Insolvency Administrator (PLG/TA 5)

JOB PURPOSE

The incumbent is responsible for the administration of bankruptcy estates under the jurisdiction of the Government Trustee, in the Supreme Court and Resident Magistrates’ Courts as required under the Bankruptcy Act and the Winding up of Companies under the Companies Act, assigned to him/her. 

KEY OUTPUTS

• Reports on the status of insolvents’ estates 
• Inventory of assets 
• Court files prepared 
• Minutes of examination of insolvents prepared 
• Conveyances prepared and filed 
• Affidavits and other documents prepared and filed 
• Minutes of meetings prepared 
• Claims reviewed and adjusted 

KEY RESPONSIBILITY AREAS

TECHNICAL / PROFESSIONAL RESPONSIBILITIES 

Administration of Bankruptcies: 

• Responsible for the administration of bankruptcy estates both in the Supreme and Resident Magistrates’ Courts. 
• Examines carefully the Statement of Affairs of the Bankrupt with a view to ascertaining its correctness and to report any evidence of fraud. 
• Assists from time to time Clerks of Courts in the various parishes and Attorneys-at-Law on their request with regards to bankruptcy matters. 
• Ensuring that at the onset of Bankruptcy – all Bankruptcy Notices to various institutions (Public and Private) were signed. Prepares and files Affidavits, Reports of the Trustee to be filed in Court, and other documents that may be required from time to time as they relate to the respective Estates assigned. 
• Prepares and files Conveyances (these are necessary in the sale of land owned by the Bankrupt but has been vested in the Trustee in Bankruptcy who is now responsible for the Sale and Transfer). Caveats (these are done to indicate the Trustee’s interest in the land on behalf of Bankrupt). 
• Withdrawal of Caveats (this document has to be filed after some suitable arrangements have been agreed upon by the relevant parties, thus avoiding a Court action). 
• Registration on Transmission (this process is adopted when vesting the Bankrupt’s land in the name of the Trustee in Bankruptcy). 
• Maintains liaison with Creditors in order to discover assets of the Bankrupt.
• Recommends to the Trustee whether assets should be promptly realized after the examination of the affairs. Takes inventory of assets and advertise for sale when necessary.
• Recommends claims for admission, adjusts and rejects Creditors’ claims to the Government Trustee and Deputy Government Trustee –. In order to arrive at this decision, an examination of the claim submitted would have to be carried out example, Proof of Debt must be submitted and evidence produced ought to satisfy the examiner. An unfavourable decision can be the subject of an Appeal to the Court. 
• In consultation with the Deputy Government Trustee and Senior Accountant, checks claims with a view for admission or rejection by the Government Trustee. 
• Retain, supervise and maintain in proper condition and safe custody assets of Bankrupts.
• Deals with all correspondence connected to the particular estate assigned.
• Obtains data for and prepares Affidavits grounding applications in the Supreme Court in respect of Summons, Notice of Application for Court Orders, prepares Court Orders and Plaints for Parish Courts action. 
• Prepares files for matters to be heard in Court. 
• Attends Court along with the Government Trustee, Deputy Government or Backlog Attorney at-Law in various matters example, for Debtor to Show Cause, Confirmation of Provisional Orders, Public Examination of Bankrupts, Applications of Discharge, Directions of the Court sought by the Trustee, Notice of Application for Court Orders filed by the Government Trustee and other interested parties. 
• Prepares Reports and Minutes of Meeting and Public Examinations. 
• Works in conjunction with the Accounts Branch in the preparation, declaration and payment of dividends. 
• Prepares requests for investigation of any issue identified in any estate assigned
• Any other duties assigned. 

Winding up of Companies: 

• Responsible for the administration of Winding- up of Companies through the Supreme Court for which the Government Trustee is appointed Provisional Liquidator or Liquidator.
• Notifies banks, insurance companies, building societies, courts, ministries, stockbrokers and bailiffs etc. of the making of the Winding up Order. 
• Investigates the formation of the companies by obtaining from the Registrar of Companies the date of registration, directors, shareholders, debenture holders, and any other relevant information. 
• Issues Notices to file Statement of Affairs to directors, contributories, secretary and other chief officers of the company. 
• Prepares and files Preliminary Reports in the Supreme Court. 
• Attends at the registered office of the company to take possession of assets, put in place proper security, insurance coverage, ascertaining particulars of occupancy, take over lease or rental if necessary. 
• Interviews creditors and assist in filling out Proof of Debt forms. 
• In consultation with the Deputy Government Trustee and Senior Accountant, checks claims with a view for admission or rejection by the Government Trustee.
• Summons Meetings of Contributories and Creditors. 
• Reports outcome of Meetings to the Court. If a Committee of Inspection is appointed to act with the Government Trustee to summon Meetings of Committee of Inspection from time to time 
• Obtains valuation of assets and proceed to realize assets as follows: 
  • Advertisements in newspapers; 
  • Attending with prospective purchasers to inspect assets; 
  • Open offers with Trustee in Bankruptcy; 
  • Prepare Agreement for Sale; 
  • Prepare transfer of assets to purchasers 
• Ensures the proper maintenance of the assets of the company by: 
  • Paying utility bills; 
  • Effecting repairs to property and equipment; 
  • Collecting rent whenever due. 
• Deals with correspondence relating to the files under supervision. 
  • Obtains data for and prepares Affidavits grounding applications in the Supreme Court in respect of Summons, Notices of Motion and Dissolution Orders, prepares Court Orders and Plaints for Resident Magistrates’ Courts. 
  • Prepares Caveats, Withdrawal of Caveats, Transfers, Discharge of Mortgages and Application to bring land under the Registration of Titles Act. 
  • Works in conjunction with the Accounts Branch in the preparation, declaration and payment of dividends. 
  • Accompanies Trustee and Deputy in Bankruptcy to the Supreme and Resident Magistrates’ Courts in company matters. 

PERFORMANCE STANDARDS

• Tasks are to be completed within the agreed timeframe and support the strategic objectives of the Office of the Government Trustee. 
• Ensure that estates are administered in a timely manner and to required standards and recommendations lead to improvement 
• Follow up mechanisms are maintained
• Records and reports are comprehensive, constantly updated and submitted within established timeframe 
• Confidentiality and integrity are exercised 
• A team approach is adopted and maintained within the Office 

REQUIRED COMPETENCIES

• Excellent organizational skills 
• Ability to work well with others 
• Good interpersonal skills 
• Excellent oral and written communication skills 
• Proficiency in the use of relevant computer applications 

MINIMUM REQUIRED QUALIFICATION AND EXPERIENCE

• A First Degree; Law, Management Studies, Business Administration or Equivalent Qualification would be an asset 
• Paralegal Associate Degree/Certificate/Diploma would be an advantage
• Three (3) years working experience in the administration of estates or trusts, preferably including drafting of Court documents and documents relating to dealings with land and other property 
• Proficiency in Microsoft applications 

SPECIAL CONDITIONS ASSOCIATED WITH THE JOB

• Typical office environment, no adverse working condition 
• Willingness to travel island wide

We appreciate your responses; however only short-listed applicants will be contacted