Bankruptcy Law
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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Do you know the nature of the trust please - e.g is it a discretionary trust or a bare trust for example?
its a trustee in bankruptcy
Thanks. What is the asset in question? e.g. is it a house?
buy to let properties
Thanks. Is there any equity in the BTL properties - e.g. net of any mortgage?
2 have and 2 have negative equity. We would like to buy the BI and I am out of my bankruptcy soon but I thought they might have a time limit to sell them?
Thanks. Upon the appointment of a trustee in bankruptcy as you will be aware your assets vest in the trustee and he must deal with the same so as to repay creditors. If the trustee fails to deal with any interest you have in your principle home within 3 years then this interest is returned to you however there is no such time limit for other properties unfortuantely. You can negotiate with the trutee in bankruptcy to buy back any interests you wish in one or more of the properties if you so wished
The trustee will entertain any offers you wish to make in relation to any of the properties but remember of course that if there is a mortgage on any of the properties the mortgagee will have the first right to exercise its power of sale to sell the property if the mortgage is in arrears.
Is there anything above I can clarify for you?