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Hi Sir Good morning, I already discharged bankrupt since 3/2/2023 , my father passed on 3/3/2022, recently my brother sell away my late father flat and he is the administrator, my question is will I received money from the sales of flat , I have a bank account that was open the day I was declared bankrupt under OCBC , and the sales proceed monies will be transferred soon to me by my brother the administrator ,my question will I get the money or it will be block by Official assignee.
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3 Answers

As you have been discharged from bankruptcy since February 3, 2023, it means that you are no longer subject to the restrictions and controls imposed by the Official Assignee. However, the disposition of assets from your late father's estate, particularly the sale proceeds of the flat, may still be subject to certain considerations:

1. **Bankruptcy Discharge Date:** Since you were discharged from bankruptcy before the sale of your late father's flat, the proceeds from the sale may not be automatically subject to seizure by the Official Assignee.

2. **Ownership of Assets:** Whether you will receive a share of the sales proceeds depends on various factors, including any legal arrangements made by your late father, the terms of his will (if he had one), and the laws governing intestacy (if he did not have a will). If you are entitled to a share of the estate, it should be distributed to you accordingly.

3. **Bank Account:** The fact that you have a bank account with OCBC, which was opened on the day you were declared bankrupt, does not necessarily mean that the proceeds will be automatically blocked. However, if there are any outstanding debts or claims against you that were not discharged as part of your bankruptcy, creditors may have the right to pursue those funds.

4. **Administrator's Role:** Since your brother is the administrator of your late father's estate, he has a legal duty to distribute the assets of the estate according to the law and any instructions left by your father. If you believe you are entitled to a share of the proceeds, you should communicate with your brother and seek clarification on how the distribution will be handled.

5. **Legal Advice:** It's advisable to consult with a lawyer who specializes in estate law or bankruptcy matters to understand your rights and obligations regarding the distribution of your late father's assets. They can provide personalized advice based on the specifics of your situation and help ensure that your interests are protected.

In summary, while being discharged from bankruptcy typically removes the restrictions on your financial affairs, the distribution of assets from your late father's estate may involve legal complexities that require careful consideration and possibly professional guidance.
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  • JM
    Tq for your answer Sir , really appreciate it
It's crucial to consult with a legal professional or financial advisor who is familiar with Singaporean bankruptcy laws and can provide guidance tailored to your specific situation. They will be able to advise you on the implications of the sale of the flat and whether you are entitled to any portion of the proceeds. Read More
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Hi Junaidi,

The sale proceeds from the sale of the HDB flat will not be subjected to restrictions from the OA. I have assisted many of my clients who are undischarged bankrupt to handle the sale of their properties.

Please feel free to contact me so that I can understand your situation better and provide you with further assistance.

Regards,
Nick Tan
(M) +65 96 44 48 54
B.Eng(Chemical)(Hons)(NUS) / Cert-in-REA
(E) nick96444854@gmail.com

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