Free Consultation

was not discharged

I have declared bankruptcy in Ontario, Canada in 2004. I did not complete the bankrupcty. I still need to complete 3 payments and a counselling session.

I had been avoiding this for a long time thinking that there was absolutely no way to repair it and have recently contacted the trustee to attempt to repair the situation and to find out my options.

The trustee said that there would be a 1500.00 fee in order to reopen the file, of which they would not accept payments. They also said that in lieu of monthly statements for the past 4 years, they will take my income tax reports for the same time frame.

I did read online that there might be a way that I can attempt to complete this myself via a do-it-yourself kit if it is available for my province.

I have contacted the office of the Superintendent per the website`s instructions but have not heard of anything yet.

My question is:

Is there a way to avoid this 1500.00 inconvenience fee that the trustee demands that I pay in order to close my file?


Posted from: Ontario

One Response to “was not discharged”

A licensed trustee said...

There is no “do it yourself kit” – at least not that I am aware of.

You are not required to use your trustee to try and obtain your discharge after the fact, BUT your trustee will be notified by the Court if you schedule a hearing and your trustee will send a list of things that they think you should be required to do before the Court grants your discharge. That list will inlcude all of the things you have already listed, plus anything the Court wants you to do…

Regardless of the reason why you did not complete your bankruptcy properly the first time around, the “best” way to complete it now is to get your trustee involved (which means you’ll have to pay them) so that you can address all of your duties BEFORE you return to Court. Going to Court first is just a waste of time if you haven’t done all of the things required of you.