March 2nd, 2009 by Questions

My husband and I have both gone bankrupt separately. This is a first time bankruptcy for each of us. If we pay our surplus income, attend the credit counselling meetings and submit our monthly income and expense records as required, why would our discharge be opposed by a creditor or the Superintendent of Bankruptcy? Can you please give me some examples. I`m losing sleep worrying that we won`t be discharged after nine months.

Posted from: Ontario


One Response to “Discharge”

, A licensed trustee said:

I’m sorry, but unless you’ve done something unusual (or inappropriate) BEFORE you filed for bankruptcy it is unlikely a creditor will oppose your discharge. It happens in less than 1% of all bankruptcies.

That doesn’t mean your bankruptcy will only run 9 months. It may be extended beyond that period of time if you fail to perform your duties properly, or if you fail to make all the required payments, or, if in your trustee’s opinion you could have (should have) filed a proposal to your creditors.

If you’ve already filed I suggest you book an appointment with your trustee to review the discharge process – your trustee should be able to tell you with a reasonable level of certainty whether or not your bankruptcy is likely to run longer than 9 months.

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