SUPPORT CLAIM PROVABLE
I FILED FOR BANKRUPTCY IN JANUARY. TWO MONTHS LATER, IN A SETTLEMENT WITH MY EX-WIFE, A RETROACTIVE SUPPORT ORDER WAS ISSUED. THE TRUSTEE ENTERED THE CLAIM AND ALLOWED MY EX-WIFE TO OPPOSE MY DISCHARGE. MY COUNSEL HAS PROVEN IN COURT THAT BECAUSE OF THE TIMING AND BIA S.121(4) THAT MY EX-WIFE’S CLAIM WAS NOT PROVABLE AND THAT SHE COULD THEREFORE NOT OPPOSE MY DISCHARGE. NO COSTS WERE AWARDED FOR MY FINDINGS. IS THE TRUSTEE WHO INCORRECTLY ENTERED THE CLAIM NOT ACCOUNTABLE FOR HIS ERROR?
It may not be an error that has taken place. Essentially the trustee’s role is to make the best decision based on the information provided and this is likely what was done initially. Should one of the creditors not agree with the decision of a trustee there is alwasy a mechanism to resonve the issue and this is court.
in terms of being accountable for an error, if conserned that the truste did something that was questionable, you can consider making a complaint to the Superintendent of Bankrtupcy, but from the details you conveyed it doesn’t sound like anything but a differring opinion and the use of the courts as suggested by the legesltion.