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Bankeruptcy 2002 and still not discharge

My common-law spouse filed bankruptcy in 2002. 3 weeks later he was committed to the hospital for attempted suicide. I met him one year later. We got a car loan in 2004 together as he told me that he only filled the paper but it was never filed. Surprisingly, we got the loan. Afterwards, I have called trustee we found out that he did file bankruptcy and he never got discharge. I have 2 questions. a) Is he committing fraud by having the car loan with me? b) The quote receive was $4000.00cad. Can the discharge be done cheaper?

Posted from: Ontario

One Response to “Bankeruptcy 2002 and still not discharge”

Barton Goth GCO Bankruptcy Trustees said...

Firstly if you are an undischarged bankrupt you legally have to disclose this when borrowing greater than $500. So yes he has committed an offense under the Bankruptcy and Insolvency Act, although this was was not purposely done and as a result likely won’t cause any problems (as long as you keep the payments up on the vehicle).

As for whether the bankruptcy can be cleared up for less than the $4000. Typically if you have gone to your original trustee (who is the proper party to contact) this will be the least expensive way. However, you could also go to a lawyer and have the process done by a lawyer, but I typically find this is more expensive.