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QLD Bankrupt Suing Trustee - Any Opinions?

Discussion in 'Debt and Bankruptcy Law Forum' started by gordonc, 20 December 2016.

  1. gordonc

    gordonc Well-Known Member

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    A trustee in bankruptcy is getting sued by a bankrupt whose estate he is administrating and the bankrupt's wife for her equity in real estate as beneficial owner (to which the trustee had no entitlement), being wrongly siezed and sold by the trustee who thinks he is above the law, and who is now undergoing a role reversal by being investigated and sued by the bankrupt.

    The trustee offered zero atonement, ignored an offer of settlement to avoid litigation, and failed to even provide an explanation. Consequently, a court proceeding was filed on 27 September 2016 in the District Court Brisbane, and is about how the trustee manipulated his way into becoming the power of attorney for the bankrupt's daughter, who, as registered owner held the real estate property in trust for her mother.

    Once he achieved the power of attorney, the trustee then helped himself to the property belonging to the bankrupt's wife, whilst the trustee defamed the bankrupt and his wife by falsely publishing that they had abandoned her property when in fact the trustee's henchmen had trespassed and evicted these age pensioners from the property while they were not home.

    The trouble for the bankruptcy trustee is that the daughter, as trustee for her mother the beneficial owner of the property, and also owing her a fiduciary duty, needed consent from the beneficial owner to provide the power of attorney to the bankruptcy trustee. There was no consent. If the trustee wanted a power of attorney, he was duty bound to go to court to try and get it, he didn't do that, and now he is dodging answering the hard questions being put to him in this court proceeding.

    Opinions are sought.
     
  2. Tim W

    Tim W Lawyer
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    Sounds like an angry and resentful bankrupt
    who has had assets successfully clawed back.

    Since you ask, it is my opinion (although not necessarily that of any other lawyer here),
    speaking on the fly (and after having revisited an earlier thread of yours)
    that you have nothing new, and no further straws at which to clutch.
     
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  3. gordonc

    gordonc Well-Known Member

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    Jeez Tim W I was hoping for some rational debate based on the facts presented, and along you come with no idea of the background misery caused by this massive injustice bordering on criminal, and cast your opinion.
     
  4. Tim W

    Tim W Lawyer
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    Well, you did ask for opinions.
    The Supreme Court of NSW and the High Court of Australia (on both of whose registers I am listed)
    may not agree with you.

    Best of luck.
     
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