Discharge and surplus with joint filing
March 28th, 2011 by Questions
If my husband and I filed for joint bankruptcy but I have very little income and he has a surplus, do I qualify for discharge after 9 months or do we both go for 21 months because of this surplus?
My income is calculated as a percentage of the surplus so it confuses me. thanks
Posted from: Alberta
One Response to “Discharge and surplus with joint filing”
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March 28, 2011 at 5:27 pm, A licensed trustee said:
(Most trustees do not realize this…) You are eligible to be automatically discharged after 9 months if you meet the criteria (ie no surplus income payable and you have performed all of your duties). Your spouse will then be discharged once they have completed all of thier required duties, including the payment of surplus over the extended period (21 months). Trustees don’t issue separate Certficiates becuase this is not explicitly set out in the Act. The assumption being, if you file together you will be discharged together… if your trustee doesn’t think this is possible ask them to call the Office of the Superintendent of Bankruptcy and ask them.