June 3rd, 2010 by Questions
I filed Bankruptcy in 2007 while pregnant with my first child. At the time I made it very clear that there was no way I could afford the surplus payments of $350.00 a month. I was told that the Superintendent sets the rates and that was that. I was very ill during my pregnancy, hospitalized often (this is all documented in my medical records, and inturn, was docked for my missed time by my employer. To make a long story short, I still owe the Trustee in excess of $5000. They have said that they will be `closing my file and my creditors can then resume collection activities`. If they close my file can I refile? I`m simply lost as to what to do. There is nobody I can borrow that kind of money from as I don`t have the ability to pay it back. Many thanks.
Posted from: Ontario
One Response to “File Closed”
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June 04, 2010 at 12:55 pm, Barton Goth - Goth & Company Inc. -Trustee in Bankruptcy said:
If your file is closed (your trustee is discharged and you are left in bankruptcy) what happens is the court protection is removed. The result is that this will reinstate the rights of your creditors and they will continue with their collection efforts like they were prior to the filing for bankruptcy.
At this point you are not eligible to re-file a bankruptcy. To get the bankruptcy resolved you are required to go back to your original trustee or a lawyer, it will cost to get them re-appointed, then you will have to finish all of your duties that are currently outstanding. It is at this point that your trustee could return to court to request a discharge. The problem is the court may put an additional penalty in place for failure to complete things in a timely fashion.
So what is the best thing for you to do? Contact your trustee and make some payment arrangements to work on paying the outstanding amount.