A Transfer by Trustee in Bankruptcy (Form LRA 44) is an official document used in Kenya to register a court-appointed trustee as the proprietor of a bankrupt person's property for liquidation purposes. This jurisdiction-specific form is prescribed under the Land Registration Act and the Land Registration (General) Regulations, 2017, specifically Rule 59(1). It enables trustees in bankruptcy to take legal control of insolvent debtors' assets for distribution to creditors under bankruptcy proceedings.
This form is intended for court-appointed trustees in bankruptcy, official receivers, insolvency practitioners, liquidators, creditors' representatives, and their legal advisors who need to administer assets of persons declared bankrupt. When a court issues a bankruptcy order, a trustee is appointed to collect, manage, and sell the bankrupt's assets to pay creditors. This form allows the trustee to be registered as proprietor in place of the bankrupt owner, giving them legal authority to deal with the property.
The application requires the title number, date of application, full name and identification or company registration number of the applicant trustee, name of the proprietor/bankrupt person, and the date of the court order appointing the trustee. Critically, the applicant must attach a certified true copy of the court order establishing the bankruptcy and appointing the trustee. This court document is essential proof of the trustee's legal authority to take control of the bankrupt's assets.
The trustee must execute the application with a colored photograph, identification number, PIN number, and signature verified by a certifying officer. Once registered by the Land Registry, the trustee becomes the registered proprietor with authority to manage, lease, or sell the property to maximize returns for creditors. The proceeds from any sale are distributed according to bankruptcy law priorities, settling debts owed to secured and unsecured creditors within Kenya's insolvency and land registration framework.