L
Lucas Ferraço Nassif
Psychoanalyst
1
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Sep 22, 2026
29: Insolvency Series Ep2 - Bankruptcy 101
11:52
11:57
12:22
12:31
12:42
12:55
13:52

James HoyleHOST
Essentially, the trustee is given three years to take any steps to deal with their interest in the bankrupt home.

Lucas NassifGUEST
And the case of re-Kilji, neutral citation 2023 EWHC 298, Chantry Division, the High Court clarified that in the absence of an express notification, a trustee is not considered to become aware of an interest if that awareness relies on certain, not necessarily logical inferences that must be made from an assortment of facts pertaining to the bankrupt's involvement.

Lucas NassifGUEST
Such approach was then confirmed on appeal, the neutral citation being 2025 EWHC 548, Chantry Division.

Lucas NassifGUEST
I should note, however, that under Section 283A, Subsection 6, the three-year time limit may be extended by court order, but it's likely only to be made in exceptional circumstances.

Lucas NassifGUEST
In any event, a trustee may seek further time by applying for an order for possession and sale and then agree to a consent or suspended order seeking an extension of time subject to the court's approval.

Lucas NassifGUEST
This might be beneficial where the trustee is waiting for a specific payment, which might mean that they do not need to realize their interest in the bankrupt's home.

James HoyleHOST
And if a debtor or indeed anyone else is summoned under section and fails to attend court, then the court may issue a warrant for their arrest.