Letter before action from a trustee in bankruptcy in respect of a proposed application to court seeking an order for possession and sale of the bankrupt’s property
Letter before action from a trustee in bankruptcy in respect of a proposed application to court seeking an order for possession and sale of the bankrupt’s property

The following Restructuring & Insolvency guidance note provides comprehensive and up to date legal information covering:

  • Letter before action from a trustee in bankruptcy in respect of a proposed application to court seeking an order for possession and sale of the bankrupt’s property
  • Our client's legal position
  • Our client’s interest in the Property
  • Our client’s calculation of their beneficial interest in the Property
  • The value of the Property
  • Charges on the Property
  • Calculation of our client’s beneficial interest in the property
  • Options available to you

The purpose of this letter is to give notice to the bankrupt and any other co-owner (or occupier) of the relevant property that the trustee in bankruptcy (trustee) intends to realise their beneficial interest in the property. It is best to only send this letter when the trustee has decided to make an application to court for possession and sale, or to tailor it appropriately if they are not intending on applying to court. Separate letters should be addressed and sent to all co-owners/occupiers, so that the trustee can be sure they have all been given notice of the position. This precedent letter is drafted in a neutral way, so that it can be easily adapted and appropriately modified and is drafted from the perspective that it has been sent by the trustee’s solicitor.

[insert name, address, other contact details and reference of author]

[insert date]

To: [insert the name of the person being written to, whether that is the bankrupt, their spouse or civil partner, or any other occupier of the property]

Dear [insert Sir or Madam]

[insert full name of the bankrupt and the case number and court for the bankruptcy proceedings] following a bankruptcy order made on [insert the date of the bankruptcy order]

Our client: [insert t