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Is my Trustree taken advantage of me?

Dear Sir/Madam,

I declared personal bankruptcy for the first time in March 2005. I have made all due payments every month (trustee fee in total) and was told I will be discharged by December 2005. (I was jobless for most of the duration and only worked less then 2 months and I was not asked to pay any surplus ï¿½bare in mind I submitted all my pay slips as requested) I attended both counseling meetings as requested.

However, no mention was made whether I will get an absolute or conditional discharge; My Trustee asked for my tax information so he can file tax for start of 2005 till March 5, 2005 when I declared bankruptcy (and I provided him with that info) then said he will file tax for remaining of the year 2005 (he said he did not need anything from me, information wise). I read similar rules online regarding this; however he also added that my 2006 tax return will go to him!

Considering I did not work most of the year, meaning I had virtually no income and should be getting big tax-return (which i desperatly need) is my trustee allowed to take my tax return coming in 2006? is this legal? Should I not bother and file my tax return? Why should he get my tax return for 2006 if I am discharged in 2005? Although he is avoiding confirming if I had been discharged and the status of the discharge, I am growing more worried day by day. What should I do?

Last question, who watches over my Trustee and ensure he is not breaking the law and/or taken advantage of me?

Your expert feedback is greatly appreciated; please help! Thank you..

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One Response to “Is my Trustree taken advantage of me?”

Barton Goth, GCO Inc. Bankruptcy Trustees said...

In a typical case you need to be prepared to loose tax refunds and GST cheques (in most circumstances) for the year of bankruptcy and any previous years. The key thing to remember is that there is a time delay. Any refunds from 2005 are normally not mailed out until 2006. So if you filed a bankruptcy in 2005, the refunds mailed in 2006 would not go to you.

The only way your Trustee would have the right to any funds from a tax return subsequent to the year of bankruptcy is if you assigned these funds over to him, or he has obtained a court order that stipulates these funds are to go to your bankruptcy estate. Both of these are very unusual.

If you are concerned that your Trustee has not treated you properly it is the Superintendent of Bankruptcy who is responsible to govern the administration of the Bankruptcy and Insolvency processes in Canada and they would be the proper place to register any complaints or discuss any concerns.