Obtaining a Discharge

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I was in bankruptcy in August 2004 and should have obtained my discharge in May 2005. I was common-law at the time and we didn`t get anything from our trustee for over a year advising that we still hadn`t been discharged….they actually closed our file without the discharge.

In 2007 they sent me a letter advising that I had met all of my duties as a bankrupt and I paid all my outstanding fees to the trustee and the asked me to complete a final expense report and a letter advising why it took so long for this to happen.

I ended up having a nervous breakdown, relationship was over, I moved 3 times and I lost track of the paperwork. I got another letter from the trustee saying that they had been released from the bankrupcty but I had not been discharged and all my creditors rights were reinstated.

I contacted the trustee and they said to even re-open my file I would need to provide them with $1500.00 cash up front. I don`t have that. And in the meantime, Revenue Canada got advised that their rights were reinstated and they immediately garnisheed my wages for 30%.

What can I do? Can I get my file from the trustee and apply myself for the discharge so I can stop this creditor action? Or do I have to pay the trustee?

Posted on Thursday, February 28, 2008 | Filed under: Bankruptcy
 posted by Questions @ 2:27 pm 1 Comment
1 Expert Comment:

 At March 3, 2008 | 7:10 am , Barton Goth GCO Bankruptcy Trustees Said...

There is always a cost to re-open a file with a trustee. The alternative is that you can hire a lawyer to make an application to court on your behalf, but likely this will be more costly.

The best thing to do is to contact your trustee, explain the situation, and see if there are any alternative arrangements that can be made.

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