VIC Bankruptcy Trustee Refusing to Accept $40,000 Settlement?

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28 February 2017
The Trustee in Bankruptcy refuses to accept $40,000 in settlement on the basis that this is "not commercial." $40,000 is available immediately and will end the matter. Each offer to settle is followed by an increase in the amount demanded.

The trustee refuses to meet with me on the basis that the cost to the trustee is too great to warrant a meeting. In addition, the trustee refuses to provide details of the alleged creditors; has removed my name from the title to my home replacing it with the name of the trustee; and, is now pressuring (blackmailing) my wife, whose name remains on the title, to sell our home since there is equity.

I have been unable to deal with this adequately because of illness requiring attendance at a hospital every fortnight. The judgment was obtained by stealth in a court interstate requiring travel of 2,500km which I was unable to do. Legal aid is not available because the matter was interstate.

I need assistance to force the trustee to accept the offer. $40,000 no more, no less.

If necessary, I need assistance to appeal the matter interstate. There is no basis to the claim which originated in a dispute with a bank which alleges a loss following $5,000 of cash withdrawals with in a few days.The bank has refused to provide any details or documents to determine how this happened and who authorized cash advances. The bank claim that there was an online credit application for the credit card which is untrue. The bank assigned the matter to a debt collector interstate where the judgment was obtained by stealth.

The settlement offer is not an admission. It is a pragmatic solution to resolve the matter and stop the harassment of my wife. The $40,000 is available from the same bank that claimed a loss and who were at all times - and remain - fully secured. It is a scam. During the court action interstate regular offers were received from the bank for increases in credit because the accounts with them are excellent and actually paid in advance.

Sounds mad? It is mad.

Please help on how to stop the trustee and enforce settlement. Please help on how to appeal. The court refused to transfer to Victoria.

Thank-you in anticipation for your co-operation in this matter.

Rob Legat - SBPL

LawTap Verified
16 February 2017
Gold Coast, Queensland


Well-Known Member
31 August 2015
i agree take it to the afsa and report the facts to the banking ombudsman