length of bankruptcy

March 4th, 2008 by Questions

I claimed bankruptcy in 2005…took a year to get to court because ex objected. Two other debtors did not object. At the discharge hearing, the registrar asked ex how long I should pay. She said ten years. I have never received anything official from the court….just told to pay the trustee for TEN years. Do I have any recourse? Ex doesn`t get the money, only the trustee. Something smells like haddock here.


One Response to “length of bankruptcy”

, A licensed trustee said:

Everyone has the right to apply to the Court that issued their discharge oreder 1 year after the order was issued to request a “variance”. If more than a year has passed contact your trustee and ask them how this can be done – if you are dealing with a small trustee firm they may tell you to hire a lawyer as that will cost you less money that paying your trustee to do thsi for you.

In regards to your “haddock” – your trustee’s fees are capped – the money you are required to pay to your trustee is for the benefit of all of your creditors, your ex plus any others in your bankruptcy (even though they didn’t appear in Court). You’ll have to beleive me when I say your trustee doesn’t want your file staying open for 10 years anymore than you do – your trustee doesn’t get paid until your file is closed… would you want to wait 10 years to get paid?

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