Why Would My Trustee Oppose My Bankruptcy Discharge

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Why Would My Trustee Oppose My Bankruptcy Discharge

Why Would My Trustee Oppose My Bankruptcy Discharge

First 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 comply 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. We are experienced, hands-on insolvency practitioners who understand the personal impacts of major financial stress; 

  • You won’t be stuck in an assembly line process. 

  • You will expect and receive prompt responses and resolution of issues from our supportive and experienced team.  

  • We will review your debt solution options, including filing a consumer proposal or personal bankruptcy. 

  • We help Canadians with overwhelming debt get fresh financial starts.  

Once you file a consumer proposal or personal bankruptcy, we deal directly with your creditors on your behalf. Your unsecured creditors are required to stop contacting you or continuing legal proceedings against you. Contact us for a free consultation.  

We offer free consultations to review your financial situation and practical debt resolution options. Contact us to discuss your situation over the phone, a video chat, or in-person in Saint John, Moncton, Fredericton, Charlottetown, Dartmouth, or Miramichi.