Trustee passed away

October 6th, 2009 by Questions

My trustee had passed away. I was in a 2nd bankruptcy this was in 1992. In 2000 a firm called me saying they had received my file as assets from the previous trustee. And I was not discharged only he was discharged. I was not living in a different province, they explained they would get it discharged with out my need to appear. So I did the affidavit, and met them at there local office.

I later moved to the US married a US citizen, and 2 years ago moved back to Canada. We did an application for support for my wife`s immigration, bought a house and car…etc.

I then received a letter from Immigration Canada saying I would not be eligible to support, due to being a non discharged bankrupt. I was shocked called the local superintendent. She explained that my affidavit for non show for the discharge was filed the day after the hearing. And it had been adjourned to bring it back forward. But the new Trustee retired and never brought it back forward to deal with.

She explained I can do it on my own, at this point. But, she explained I may be in hot water with the bank for getting a mortgage, loan and credit cards while being a non discharged bankrupt. I explained my credit is good right now. And she said my new debits would need to be rolled in? Is this true? I don`t owe anything on the cards, and we just sold our house and are buying a new one… I am worried if I go to the court to discharge this which I must do for immigration that, I will blow up my mortgage.

Posted from: Manitoba

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One Response to “Trustee passed away”


October 07, 2009 at 11:30 am, Barton Goth - Goth & Company Inc. -Trustee in Bankruptcy said:

This is a very unusual situation and one I suggest you review with a local insolvency lawyer. I don’t agree that your new debts will have to be rolled in, if you are simply making an application to be discharged from a previous bankruptcy the new debts shouldn’t’ be much of an issue. However, the Superintendent is correct that the bank could be upset as inadvertently you failed to inform them that you were a non-discharged bankrupt. But it is best to contact the insolvency lawyer to discuss this in more detail

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