How long does an undischarged bankrupt remain undischarged

July 13th, 2009 by Questions

I have a strange situation, basically due to improper handling of my bankruptcy by my trustee.

quick breakdown
1. I declared bankruptcy
2. I met the requirements of my trustee for 6 months
3. My trustee filed my `pre-bankruptcy` tax return, and notified me of an amount owed me that exceeded the amount I declared bankruptcy for.
4. I quit meeting the requirements of my trustee.
5. My trustee filed for and was discharged as my trustee
6. My pre-bankruptcy income tax return, as well as 6 subsequent tax returns/gst rebates have all been sent to my former trustee.

so thats where I am at, my trustee did not file my pre-bankruptcy return before allowing me to declare bankruptcy, and has since collected from me more money than I ever owed.

my question then is, do I have any options, or will I forever have my tax returns/gst rebates confiscated, and as an aside is there any way to ever get this off my record.

Posted from: Alberta

Questions

One Response to “How long does an undischarged bankrupt remain undischarged”


July 13, 2009 at 9:51 am, Barton Goth - Goth & Company Inc. -Trustee in Bankruptcy said:

All of this stems from point number 4, you quit meeting the requirements of your trustee. As well, it makes no difference what the amount of your debt was or the amount of your refund, the refund is lost, it is used to pay the administration costs, pay your creditors in full plus 5% interest and anything on top of that would have gone back to you. If you would have continued to fulfill your duties you may have even got some money back. So at this point you need to rectify the situation. You need to contact your trustee and arrange to fulfill these duties and whatever penalties exist on top of that. Obviously this will not be as simple as if you had done things right the first time, but it is the only way to resolve this.

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