ABSTRACT

The classic example of an asset that the Trustee in Bankruptcy must realise is the bankrupt’s home. It is quite usual for the Trustee to decide that, as there may be little or no equity in your home at the time the bankruptcy order is made – ie, there will not be much left over after the mortgage and other expenses have been paid – the Trustee will hang onto it until property prices rise. Fine – but just because you get discharged from your bankruptcy, that does not mean that the Trustee cannot come along at some later stage, when there may be some equity in the property (it may take several years, but Trustees have long memories) and sell it then. They can and do.