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If you have unsecured debt of under $10,000 and live in the Province of Ontario filing bankruptcy may not be the best option for you. We suggest you contact the Office of the Superintendent of Bankruptcy at 416-973-6441 to discuss your options, or you can visit their website here.

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Trustee Discharge

How long does it take after discharge from bankruptcy before the Trustee files for his own discharge? I can’t find any information on this particular question or why the time frame would be any different.

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One Response to “Trustee Discharge”

A licensed trustee said...

The general rules for bankruptcy require a trustee to close your estate as practicable after the administration has been completed. If the bankruptcy is kept open for more than 3 years your trustee is required to notify our governing body with an explanation as to why it has not been closed.

So, the first thing for you to do is contact your trustee and ask them if the administration is complete. Just becuase you were discharged in June doesn’t mean the work associated with your file is done.

If you find out the administration is complete then you are within your rights to ask them when they will close the file. If you don’t like their answer you may contact the Office of the Superintendent of Bankruptcy and ask them to follow-up with the trustee.

I should warn you that there are trustees that deliberately keep files open for the full 3 years so that they will receive your tax refunds and GST for an extended period of time. We don’t beleive this is appropriate and don’t follow that practice, but it is not uncommon in the industry. For anyone reading this note that hasn’t filed yet, this is a good question to ask a potential trustee BEFORE you file.