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After Discharge, Trustee Wants More Property.

Hi, I have just been served my discharge papers. I have an ATV mini bike that was included into the bankruptcy. There was never a lean on it and my trustee overlooked it. Now, after my discharge they are telling me that they need to take it and sell it. Is this legal or can I keep it?

THIS IS FROM THE PROVINCE OF ONTARIO.

THANK YOU

One Response to “After Discharge, Trustee Wants More Property.”

A licensed trustee said...

You are treading on some very thin ice, but if you really want to keep the ATV and mini-bike hire an insolvency lawyer and be prepared to fight for them.

The trustee’s first step will be to make a motion to have your discharged annulled – ie place you back into bankrutpcy. If you don’t want to be bankrupt again then that’s what you’ll need the lawyer for.

You can make the argument that since the trustee hadn’t taken the ATV and bike prior to your discharge you assumed they didn’t want them – unfortunately, that position isn’t very strong, especially if you’ve only just been discharged. If a couple of years had passed I think you might win. If it has been a couple fo weeks I think you will lose.

Of course, you can always offer to pay your trustee what the ATV and bike are worth – that’s probably your best course of action if you really want to keep them.