trustee in bankruptcy access to personal info

[billybottle]

I know that a trustee in bankruptcy has wide ranging powers, however here's a tricky one.

X & Y owned a house, X declared bankrupt, so TiB has 50% beneficial interest in house, but no legal ownership. X & Y divorced and 100% legal ownership passed by court order to Y, with TiB still retaining beneficial interest. X subsequently passed away. TiB has caution on property but no charge or ownership.

Y has mortgage on property.

Does TiB have automatic rights of access to Y's mortgage account details without Y's permission?

I see TiB as equivalent to 2nd bank having a charge on property. Does mortgagee or chargee have rights to 1st mortgage details without Y's permission.

Searching round Insolvency Service website offers no clues. there is one article by leading Insolvency practitioner which says that permssion of Y should be sought, but that it is the only reference I have found.

Any help appreciated, especially if it includes law, rules or regulations.

billybottle

[tomterm8]

I do not believe it does, since the property has passed as a result of a court order, and not a voluntary order. However, they would be entitled to "call in" any beneficial interest existing in the house.

If this hasn't been defined by the court, then the situation is, I believe, that the presumption would be that this is 50% of the equity in the house. The OR could look into the mortgage account in this circumstances.

It's worth contacting sequenci by PM, as he has more knowledge about insolvency law.

[billybottle]

The level of beneficial interest is not the issue here but whether the Trustee could write to bank and ask for redemption statement without Y's permission and whether bank could give him redemption statement without Y's permission and despite Y writing to bank and requesting them not to give out information to anyone not Y's solicitor.

To clarify, the property was passed after a hard fought consent order, rather that a fully contested ancillary relief order.

I am aware that on sale or other disposal the TiB has rights to his share of the beneficial interest and that TiB has right to apply for a court order for possession or sale. This is not the issue but access to personal info is.

Billybottle

[tomterm8]

Originally Posted by billybottle

The level of beneficial interest is not the issue here but whether the Trustee could write to bank and ask for redemption statement without Y's permission and whether bank could give him redemption statement without Y's permission and despite Y writing to bank and requesting them not to give out information to anyone not Y's solicitor.

To clarify, the property was passed after a hard fought consent order, rather that a fully contested ancillary relief order.

I am aware that on sale or other disposal the TiB has rights to his share of the beneficial interest and that TiB has right to apply for a court order for possession or sale. This is not the issue but access to personal info is.

Billybottle

I think in this scenario you describe, they could probably obtain access to the mortgage accounts. they could only overturn the consent order via the courts.

Sequenci is the person to contact, however.