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Trustee discharge from Bankruptcy

What is the process to get a discharge from both the trustee and to have the court discharge my bankruptcy. I filed in 2006 and in 2008 the trustee discharged himself. They now want to appoint a new trustee and also will not reopen the file unless I provide more than the $3000 already on deposit with them. No one will answer all my questions.

Posted from: Alberta

One Response to “Trustee discharge from Bankruptcy”

A licensed trustee said...

I don’t expect you will like my answer – sorry about that.

You are somewhere between the “rock and a hardplace”. You have the right to apply to the Court for your own discharge, but the Court will ask your old trustee for a report detailing what you still need to do in order to qualify. Until you have completed those duties the Court will not discharge you.

So, you are pretty much stuck paying your old trustee what they want – by not doing so in 2006 all you’ve done is increased the cost of the entire process.

For everyone else reading this posting: the Bankruptcy and Insolvency Act is designed to give you releif from your debts, but in order to obtain that releif there are very specific things that you MUST do. If you don’t you will not be discharged and at some point, your trustee will simply close the file. When that happens you end up like this person – stuck dealing with a problem that only gets bigger over time.

BEFORE you file make sure you understand your duties and that you will be able to complete them all properly.