March 11th, 2008 by Questions
my wife and i have been discharged since july 2007.how long does it take for the trustee to get a discharge?we have been informed it could be up to 3 years is this right and if so can it be changed?
One Response to “trustee discharge”
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March 12, 2008 at 8:44 am, 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.