lost and confused and at the end of my rope

January 30th, 2013 by Questions

I have been to see two trustees who will not consider filing a proposal because my wife doesn’t want me to disclose her info. One even said if I knew the info I was obligated to disclose it for both a proposal and bankruptcy. The pressure that I am getting to do the bankruptcy is overwhelming. Can a trustee force you to disclose your spouses info by threatening to oppose your discharge? Also if you do end up in court can a judge force you to disclose?
I am just trying to walk a fine line of dealing with my debt and not jeopardizing my marriage.
Thank you

Posted from: Ontario


One Response to “lost and confused and at the end of my rope”

, A licensed trustee said:

The law says that your spouse is not required to disclose their income, BUT if you know what it is you ARE required to disclose it. The difficulty is provng whether or not you know it. Keep this in mind – many of your creditors may have information on about your spouse, including income, on file.
If you do file for bankruptcy there are specific rules on how to deal with your spouse’s failure to disclose. If you end up in Court your spouse may be ordered to appear and disclose to the Court their income before the Court will decide what to do with you.

The rational seems to be that if you want to avail yourself of the relief provided by the Act then you need to provide a complete and accurate picture of your financial situation.

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