Bankeruptcy 2002 and still not discharge

May 9th, 2008 by Questions

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.

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