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Conditional Discharge

Has anyone, anywhere, heard of a ten year conditional discharge??????? I don’t know where to turn. I am frustrated and cannot afford to go to a lawyer. I have done some research at the library and cannot find the rules anywhere. What are the rules? Are they public knowledge? How do I find them?

One Response to “Conditional Discharge”

Barton Goth, GCO, Bankruptcy Trustees said...

Ten years conditional discharges are rare, but do happen. Ultimately there are very few restrictions on the court and they have been given an open ended window that allows them to make any order they determine is circumstances merit.

Realistically the only thing that can be done if you believe the order was unfair or you cannot comply with it without suffering hardship, the Bankruptcy and Insolvency Act allows you to make an application to court once a year has expired from the original order. This application wouldn’t be done by your trustee, but normally requires you to hire an insolvency lawyer to make this application.

However, I recommend you contact your trustee, enquire as to whether or not he thinks this would be warranted and he will be able to walk you through the specifics that would relate to this.