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What is the role of my trustee in bankruptcy?

I will be entering into bankruptcy. I am a little nervous about the whole thing and am not sure what role the trustee will play and what powers they have.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 29-10-2015
1 Lawyer Answered
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  1. Bankruptcy
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Kelly Angus, Adelaide 5000 SA

  • Your trustee has the task of administering your bankruptcy.
  • Their duties are set out in the legislation (written law) and they must adhere to certain standards while administering your bankruptcy.
  • So that they may pay your creditors your trustee will:
    • sell your assets other than exempt assets;
    • recover any income you earn over a certain amount;
    • investigate your financial affairs; and
    • in some cases recover certain property that you transferred to another or others prior to your bankruptcy.

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