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Bankruptcy Trustee can obtain legal advice

Section 134 of the Bankruptcy Act provides a trustee in bankruptcy with the power to instruct a solicitor or barrister to obtain legal advice.  The legal advice may be required by the trustee in bankruptcy for any number of purposes.  The most common purposes are listed below but are not exhaustive:

  • obtain advice on the bankrupt’s interest in real estate
  • obtain advice on a bankrupt’s interest in company shares
  • obtain advice on a bankrupt’s dealings prior to bankruptcy
  • obtain advice on any legal proceedings involving the bankrupt
  • obtain advice on a proof of debt lodged by a creditor