conditions before discharge
February 2nd, 2009 by Questions
I have now received the Trustee`s supplementary report for discharge. they have put five conditions for the curt to consider before discharge, Can I make changes for those conditions or the judge will jest stamp it.
Is the Judge decision final or It can be appealed or altered.
Posted from: Ontario
One Response to “conditions before discharge”
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February 03, 2009 at 8:03 am, A licensed trustee said:
The Court has the final say in regards to your Conditions for Discharge (assuming that you are heading to a hearing). In most cases the Conditions that your trustee lists o thier report form the basis for the Court’s Order, BUT (and this applies particularly to the Toronto Court) in many cases the Court imposes additional/more rigorous Conditions themselves.
I think the reasoning of the Court goes something like this: if a person completes all of their duties properly and they have never been bankruptcy before then the person is entitled to an Automatic Discharge from Bankruptcy after 9 months and 1 day. If that same person fails to perform their duties properly then they must appear in Court… in other words, the person has only ended up in Court becuase they failed to do what they were supposed to. The Court takes a very dim view of thi9s kind of thing…
If you disagree with the decision of the Bankruptcy Court you have 10 days from the date of your hearing to initate an appeal. If you intend to do this, you should speak to a lawyer first – appeals must be based on errors in law, not simply on a recluctance to accept the terms that have been set.