March 21st, 2007 by Questions
I have been Bankrupt since 2002 and have not had it discharged yet. I have not had a good experience dealing with my current Trustee.
Am I able to change my trustee in order to get my bankruptcy discharged?
One Response to “undischarged bankruptcy”
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March 22, 2007 at 9:17 am, A licensed trustee said:
There is no provision in the law that allows a bankrupt to chnage their trustee – only your creditors have the right to do so.
In order to obtain your discharge you should try the following:
1) contact your trustee and request either a meeting or a letter detailing what is still required of you to complete your bankruptcy;
2) once you have the list, do the things that your are required to do;
3) if the trustee is no longer interested in assisting you then you may apply directly to the Court to obtain your discharge – you might be able to do this by yourself, but most people will hire a lawyer. The advantage of a lawyer – they will be able to talk directly to the trustee;
4) at your hearing the Court will ask for a report from the trustee (see point 1) that sets out what you are required to do in order to obtain your discharge.
For whatever reason, this situation happens to 1 or 2% of everyone that files bankruptcy. Basically, the person does not complete the procedure properly and therefore they are left in financial limbo. Some people never resolve the problem – they simply decide never to have credit again.
The folks that decide to try and obtain their discharge discover that they have simply made things much more difficult and I am certain they wish they could go back and complete the procedure properly in the first place.
I am not judging the person that wrote the question – I am simply warning all of the other readers on this blog: if you file bankruptcy you must complete the procedure properly – if you don’t, you may experience the sma difficulties that the person that submitted this question is going through…