June 25th, 2009 by Questions
I am approaching an automatic discharge from my first bankruptcy and I have a letter intending creditor opposition. I have completed all my requirements (councilling, statements, surplus payments etc). What is the process for opposing a discharge? Is it possible to come up with a reasonable sum % to pay back? I was informed several times by my trustee that this would not happen. What are the steps now?
Posted from: Ontario
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June 26, 2009 at 7:57 am, A licensed trustee said:
Without knowing why one of your creditors is opposing your discharge I can’t tell you what you need to do to deal with it. This type of opposition is relatively uncommon – in our practice is happens in less than1% of all files. Usually it is because of something you did just before you filed. For example, took out a new loan, or large cahs advances on crdit cards, things of this nature.
The next step involves your trustee booking a discharge hearing before a Registrar (think judge). At this hearing the creditor will outline why they have opposed your discharge and explain to the Court what they think you should have to do in order to be discharged.
A word of warning – your trustee cannot represent you in this hearing. The trustee’s role is to provide the Court with the facts of your bankruptcy. Some people hire lawyers for these hearigns, but again, they aren’t very common so there is no hard and fast rule. If you know why the creditor is opposing and you think a lawyer will be required then hire one. If you honestly have no idea why the creditor is opposing then perhaps you should go and speak with your trustee so that you can try and figure out what it is that you’ve done…