Discharged Trustee

I declared bankruptcy in 2005; in 2008 I received a letter that my trustee was discharged and that I was no longer protected and creditors may want their money paid back. I paid some as I was receiving calls. Am I still bankrupt since I am not protected by the Bankruptcy Act? It’s been over 7 years since I declared bankruptcy. I don’t even know if I have been discharged.

Posted from: Ontario

One Response to “Discharged Trustee”

A licensed trustee said...

Yes, you are still an undischarged bankrupt – the only way for you to become discharged now is to appear in Court and ask a judge to discharge you. Your best course of action, is to contact the trustee that you originally used and ask them what you need to do in order to be discharged. Do what needs to be done and then ask your trustee to schedule a Court hearing.

You have the right to simply apply to the Court for your discharge (or hire a lawyer to do it for you), BUT the first thing the judge will ask is “what does your trustee say you still have to do?” so you may as well start by calling your trustee… Be prepared for this to be expensive.