Can I reverse a bankruptcy discharge?

October 9th, 2009 by Questions

I lend money to a woman and 1 year later became my wife. Before I gave her the money, I made her sign a contract.

After we got divorce, she started to repay the loan, as per the terms/conditions of the contract. In 12 months she repaid $3,000. What I did not know is that while she was repaying me the loan, she also applied for Bankruptcy. She lied in her bankruptcy application and did not declare her debt to the trustee because I knew her true income and I would had opposed her application for discharge.

Once she got her discharge certificate, she stop making payments. I went to court but the Judge dismissed my case because the Judge upheld her discharged certificate. The judge did mention that unless I can reverse her discharge, I cannot get help from the court.

Can her discharge be reverse? How? Under what clause/rule? Where can I get the propre forms to start the process?

Posted from: Ontario


One Response to “Can I reverse a bankruptcy discharge?”

October 10, 2009 at 8:06 am, A licensed trustee said:

There are ways to do what you’re requesting, but it’s too complex for a free site. You ned to speak to (and likely hire) a lawyer to deal with this for you. Don’t bother calling a trustee as they can’t provide this kind of service (and if they could it would cost 3 times as much as using a alwyer anyway…).

Be careful what you start – based on your comments you may get stuck with an unpleasant surprise yourself if/when this matter goes to Court.

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