Commercial judgements shouldn't come into it. The crux of the matter is that a Trustee has a legal obligation to act in the best interests of creditors, so if there are funds that can be gathered in that would improve the return to creditors they can't just ignore this.

I agree that clarification as to the legalities involved would be very welcome and hopefully we will have this soon.

That's what I meant by "commercial" Kevin, though I can see how it might read otherwise.

In terms of clarification (or perhaps the start of it at least) see:

https://www.trust-deed.co.uk/forum/topic.asp?TOPIC_ID=6038