what is the difference between a bankrupt`s discharge and the trustee`s discharge?

March 4th, 2010 by Questions

I filed for bankruptcy in January 2007 due to two years of unemployment and death in the family. I had no assets, I completed all requirements such as two counselling sessions and paid my trustee the required fee. I was not discharged after nine months as the trustee could not acquire full details from one of the banks regarding my bank account but told the judge that it is required by law that the banks gives her the information and it was a matter of time. I waited patiently for three years to hear from her. Surprisingly I recently received a form (form 15) which indicates that my trustee applied for discharge of trustee. What does it mean? Does it mean that I will be discharged, too? I can`t get an answer from my trustee, she did not communicate during the years and did not return my numerous calls. Is it possible a trustee can be discharged but I am not? If yes, what are the consequences and what can I do about this?
Thank you in advance. I truly appreciate any clarification. I have nowhere to turn.

Posted from: British Columbia

Questions

One Response to “what is the difference between a bankrupt`s discharge and the trustee`s discharge?”



March 04, 2010 at 7:02 am, A licensed trustee said:

I’ll keep this brief as it is not appropriate for me to second guess what your trustee has done with out having all of the facts. Having said that, you don’t normally hold up a person’s discharge because the trustee is waiting for information from a bank. If they held up your discharge that means the trustee was/is holding you responsible for getting that information – even if that’s not your understanding.

You probably want to contact the nearest Office of the Superintendent pf Bankruptcy and have some one look into your file.

If you have not been discharged (which is what it sounds like to me) and your trustee obtains their own discharge then all of your creditors’ rights to pursue you are re-instated. Your debts are still your debts. It is a very unpleasant place to be…

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