Bankruptcy law in Canada is designed to strike a balance between the individuals that need relief from their debts and the creditors that loaned them money. The surplus income rules are one of the main tools for doing this.

The theory is that a family requires a base amount of income in order to maintain a reasonable standard of living. Any income in excess of that amount is split between the individual and their creditors.

If you and your spouse are both required to pay surplus that means your household income is above the standard and that both you and your husband have some form of income (if he had no income at all then he’d have no requirement to pay surplus). This is the price you have to pay in order to be relieved of your debts.

Is this fair – ask your creditors if they think it’s fair that you only have to pay for 21 months and then the debts are gone. I think you know what they would say…

If you really don’t want to make the payments then don’t – your trustee will schedule a hearing before a bankruptcy judge and you can explain to the Court why you feel you should not have to pay.

Sorry – I did start by stating that you wouldn’t like my answer.