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 precedent 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

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 the name of the trustee in bankruptcy followed by ‘(trustee in bankruptcy of [insert the name of the bankrupt])’]

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