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trustee has no accountability to time-frame to remove themselves from bankrupt file

I am still waiting for trustee to complete form 16 and sent to OSB. Ex received Absolute Discharge over 3 months ago. MEP will not proceed with collection actions until trustee has discharged himself.

Meanwhile ex is free to work and/or leave the country.

Advice?

Posted from: Alberta

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One Response to “trustee has no accountability to time-frame to remove themselves from bankrupt file”

A licensed trustee said...

First – you need to call the trustee and ask them when they expect the file to be completed. The bankrupt’s discharge and the trustee’s discharge are two very different things and have very little to do with each other. The trustee cannot apply for their discharge until all of the file administration has been completed. Often due to tax returns or some other asset, the trustee cannot close the file for 9 to 12 months after a bankrupt has been discharged. The trustee doesn’t get paid until the file has been closed so most trustees close them as quickly as possible…

It literally depends on the file and that is why you need to ask the trustee. If you don’t like their answer you can call the Office of the Superintendent of Bankruptcy and ask them to look into it for you.