ABSTRACT

The Cork Committee observed that ‘the success of any insolvency system is very largely dependent upon those who administer it’1 and that ‘while the method of control over the administration of bankruptcy varies from country to country, in almost all bankruptcy systems creditors were originally given the primary responsibility for administering the process. In country after country, however, this had led to scandal and abuse, and exclusive control has been progressively removed from creditors and varying degrees of official control have been introduced as it has been increasingly accepted that the public interest is involved in the proper administration of the bankruptcy system’.2