Nine Month Period

I filed for bankruptcy on the 25th of October, 2005. Does the nine month period cover Oct.25th, 20005 to August 24th, 2006 (technically nine months) or Oct. 25th, 2005 to August 25, 2006 (nine months + 1 day)? I had a creditor oppose my discharge at 1PM on August 25th, 2006! Please help!

One Response to “Nine Month Period”

Barton Goth, GCO Inc. Bankruptcy Trustees said...

This is addressed by S. 168.1(f) of the Bankruptcy and Insolvency Act where it reads where a “creditor has not opposed the discharge of the bankrupt in the nine month period immediately following the bankruptcy, then…”. As a result, if you filed on October 25th, 2005, the last day for filing a notice of opposition is July 25, 2006, and the day you would receive an Absolute discharge is July 26th, 2006.

It would be important to confirm this with your trustee as interpreting the act can be dependent on the interpreter, but there seems to be some fairly clear case law confirming the interpretation I have described above.