Is your trustee pursuing you?
DEFENDING POSSESSION CLAIMS
Are you defending a claim brought by your trustee in bankruptcy?
We can help you defend possession and sale applications brought by Trustees in Bankruptcy. We often represent spouses of bankrupts to protect the family home by purchasing the Trustee’s interest for as lesser amount as possible. The spouse or a third party may also have an interest in the property being attacked which will reduce the amount the Trustee can claim.
We regularly defend claims for possession brought by Trustees in Bankruptcy, including:
- Transactions at an undervalue
- Preference payments
- Defrauding creditors
A Trustee in Bankruptcy only has 3 years to bring an application to sell the family home or he loses that right. We can help you with negotiations and advise you on constructive and resulting trusts and proprietary estoppel arguments to help you safeguard your home.