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Trustee opposition

Hello,

I filed bankruptcy 9 months ago and have been making income surplus payment since November each month. I have followed all the regulations and rules set for bankruptcy by the legal framework so there is nothing outstanding.
I was expecting to get an automatic discharge but last Friday I got a mail from my trustee which has a copy of my file and his letter to Office of Superintendent of Bankruptcy (Ontario).
Currently, my trustee is opposing my discharge for a reason. I am not going to go into details why he is opposing but I believe his reason is NOT totally true.

My question is, can I oppose against the decision that the trustee made? I would also like to take legal actions. Are there lawyers specialized in bankruptcy and would advise me on legal grounds? Can I hire a lawyer to deal with this?

Since the Office of Superintendent of Bankruptcy (Ontario) will count the decision that the trustee made (most likely), itâ€™s quite possible that the office will oppose as well.

Do I also have a right to take legal actions/or oppose against any decision that Office of Superintendent of Bankruptcy makes?

Thanks

Leslie

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One Response to “Trustee opposition”

A licensed trustee said...

I am sorry, but you are looking for answers in the worng place. If your trustee is uncertain if you qualify for an Automatic Discharge from bankruptcy then they have no choice – they must book a hearing so that the Court may render a decision.

If you’d like to be represented by a lawyer you may certainly bring one to the hearing. It is not usually done, but it is not unheard of.

In regards to taking action against your trustee, the Court and/or the Superintendent of Banruptcy, you’ll have to ask a lawyer.

Basicly, if a trustee does not feel they can grant an Automatic Discharge then a hearing is booked. If you disagree with the decision of the Court at the hearing then you have 10 days to appeal it.

I would concentrate my energies in addressing the reason that the trustee booked the hearing – you have either done (or failed to do something) of consequence that needs to be sorted out. Once it has been you may deal with your other concerns.