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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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I have been in bankruptcy year and I am now out during

Customer Question

I have been in bankruptcy for one year and I am now out during this period I have not managed to sell my home as instructed by the trustees does this mean I have to continue with the sale as I am now earning 4000 after tax peranum and feel it harsh to clear approximately 45000
Submitted: 2 years ago.
Category: Law
Expert:  Max Lowry replied 2 years ago.
Hi, welcome to the site. My name is ***** ***** I will help you with your question. If the house has not sold yet and you are earning a modest sum of money then it's possible to negotiate with the trustee to make payments from your monthly earnings. The trustee may agree to this but he does not have to. It does seem unfair to sell the property when you have decent earnings. Speak to the trustee about this. That is the only way you will know. Ask him to use his discretion. If you were in a position to offer a small lump sum payment too then that may convince him.
If he disagrees you could suggest you will apply to court to ask a judge to decide whether the trustee's actions are reasonable.
I hope this helps.