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Lucas Ferraço Nassif

Psychoanalyst

Sep 22, 2026

11:52
Essentially, the trustee is given three years to take any steps to deal with their interest in the bankrupt home.
11:57
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.
12:21
in the property.
12:22
Such approach was then confirmed on appeal, the neutral citation being 2025 EWHC 548, Chantry Division.
12:31
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.
12:42
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.
12:55
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.
13:52
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.

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