Creditor Opposition from bankruptcy
September 11th, 2006 by Questions
I am approaching an automatic discharge from my first bankruptcy and I have a question about creditor opposition. Under what circumstances can a creditor oppose a discharge? I have completed all my requirements (councilling, statements, surplus payments etc). I have received no information regarding a potential opposistion, but I am just curious. The bulk of the debt was to Revenue Canada. Can they still oppose the discharge even though I have completed the requirements? What is the process for opposing a discharge? Do they simply tell the trustee and he in turn will inform me?
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September 11, 2006 at 12:47 pm, A licensed trustee said:
Yes, a creditor can oppose your discharge for whatever reason they want. They would notify the bankruptcy court, and a discharge hearing would be held. Your trustee and you would be notified.
At the hearing the creditor would advise the court why they are opposing, and what they want the court to do. If you have completed your duties and there is nothing unusual about your situation, the court would typically grant your discharge. If your income was higher than the government allowed limits, or if there are other unusual factors, the court could extend your bankruptcy. Your trustee can advise you fully as to what may happen in your situation.