Why Would My Trustee Oppose My Bankruptcy Discharge

Questions
Questions

Why Would My Trustee Oppose My Bankruptcy DischargeFirst time bankrupts with no surplus income requirements will automatically receive a discharge after 9 months or after 21 months if they have surplus income.  Second time bankrupts will receive an automatic discharge after 24 months, or 36 months if they have surplus income;

Unless they have not:

  • Completed the 2 mandatory counselling sessions
  • Made all agreed upon payments, including voluntary, surplus income, and equity payments.
  • Filed all income tax, payroll, and HST returns related to the period(s) prior to the date of bankruptcy.
  • Provided the Trustee with the information necessary to complete your pre & post-bankruptcy income tax returns.
  • Filed your monthly income and expense reports together with supporting documentation.
  • Provided additional information or explanations as required by your Trustee to complete the administration of your bankruptcy.
  • Fully complied with the duties of a bankrupt.

The Trustee will automatically oppose the discharge of an individual filing for a 3rd or more bankruptcy.  In these circumstances the bankrupt person will be required to attend a Court hearing where additional requirements/conditions may be imposed.

Powell Associates Ltd. is a Licensed Insolvency Trustee focused on providing debt settlement, proposal and bankruptcy solutions for individuals and businesses.  We offer free consultations to review your personal financial situation and practical debt resolution options.  Contact us to discuss your situation over the phone or book an appointment to meet us face-to-face in Saint John, Moncton, Fredericton or Charlottetown - it's your choice.