trustee application for discharge
I went bankrupt in 2003 . I have not been able to get discharged due to a deemed preferential payment and ccra are opposing my discharge. I went to court and the judge adjourned my case and the trustee was to arrange for another court date . He has not done this and now is applying to discharge himself from my case leaving me high and dry. What options do I have? I am not able to hire a lawyer due to my financial situation
A trustee is only required to book the first hearing for your discharge – once they have doen that the trustee has the right to apply for their own discharge.
In the period of time since your hearing have you remainded in contact with your trustee? Have you been able to deal with even a portion of the preferential payment or other concerns that were raised at your hearing?
If answered “no” to either of those questions then it is not surprising that your trustee is closing the file – as trustees, we are required to provide the government with a written explanation as to why a file has remained open for more than 3 years – it sounds like your file falls into that category.
Sorry, but your best course of action is to go and see your trustee and ask what you need to do in order to have your file remain open.