consumer proposal and spouse

July 18th, 2012 by Questions

I spoke with a trustee who asked for my wifes info in a consultation to file a proposal. I informed him that the debts were mine alone (majority were accumulated before my wife and I got together) and that she told me she wanted nothing to do with my debt problem. The trustee told me that it didn’t matter what my wife wanted and that I am obligated to answer all of his questions including my wifes sin number, place of employment, income and info on her children. Can he do this or should I seek out another trustee?
Thank you so much.

Posted from: Ontario

Questions

One Response to “consumer proposal and spouse”



July 18, 2012 at 7:27 am, A licensed trustee said:

For everyone reading this post – before you file your consumer proposal or bankruptcy you may switch trustees. It is your decision and if the person you have been dealing with makes you uncomfortable then you should probably speak to another trustee. Once you have filed there are no provisions in the law for you to switch trustees – you are stuck with them until your consumer proposal or bankruptcy are done.

As far as your wife’s information is concerned. The trustee is required to ask and if you know all of the information you are required to respond, BUT if you don’t know the information your trustee cannot compell your wife to tell them. Here’s the catch – if you don’t disclose the total household income to your trustee then your trustee is required by law to cut the “allowance” the government says your family needs to live on in half. That usually means the amount you have to pay for a bankruptcy (and therefore the amount you have to offer in a consumer proposal) is much higher…

Please post a follow up comment below:

(Note: comments are reviewed by moderators and then posted after approval. In addition, due to high volume some of the comments might not be posted.)