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Is Caveat Still Enforced After Being Discharged from Bankruptcy?

Discussion in 'Debt and Bankruptcy Law Forum' started by redgum, 19 October 2015.

  1. redgum

    redgum Active Member

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    Hi need to know... if a creditor sends you bankrupt and puts a caveat on your residential property, is the caveat still enforced after the bankruptcy is discharged.?
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi redgum,

    Can you please advise the following:

    Is the property in your personal name? or joint names? if not, who's name is it in?

    Where in Australia is the property located?

    How long ago was the caveat lodged?

    What was the specified basis of the caveatable interest?

    Kind regards
     
  3. redgum

    redgum Active Member

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    Hi James

    Yes the property is solely in my name,

    The property is in Victoria in the western district.

    The caveat was lodged in June 2009.

    It was placed on my ex wife, who has been living there since 1999. In the caveat it mentions that I am her trustee (which is not true) Also she went bankrupt over her debt, and it was discharged in late in 2014.
     
  4. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi redgum,

    Were you and your ex-wife separated at the time the Caveat was lodged? If not, when did you separate?

    I assume the caveat was lodged by one of your ex-wife's creditors, or her Trustee in Bankruptcy? Please advise...

    Have you reached a binding property settlement with your ex-wife? or has nothing been agreed or formalised?
    Please advise exactly what has occurred?

    With regard to removing the Caveat.. my assumption is that it has already automatically lapsed after 30 days... pursuant to s90 of the Transfer of Land Act (VIC) 1958... and is of no effect to prevent dealings with the property.

    http://www.austlii.edu.au/au/legis/vic/consol_act/tola1958160/s90.html

    Kind regards,
     

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