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DISCHARGE is not AUTOMATIC (in Canada)?

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    Question DISCHARGE is not AUTOMATIC (in Canada)?

    ------------------------------------------------------------------
    I realize this is a U.S. Forum Website and I am Canadian.

    However,

    I need help.

    I am going to file in the next month or so, and I recently "interviewed" four potential Trustees.

    The trustees all told me the same thing, "First time Bankruptcy is not automatic after 9 months if the Bankrupt has a lot of surplus income".

    I will have about $1,500 Cdn per month in surplus funds (requiring a payment of $750 to the Trustee), which I was told would warrant up to 21 months of Bankruptcy. Apparently, by law (in Canada) the Trustee must request that I not be automatically discharged at 9 months, or that I receive a conditional discharge.

    This actually motivates me to quit my job for a part-time one so that I can be guaranteed an automatic discharge after 9 months.

    WILL I TRULY BE FORCED INTO AN EXTENDED BANKRUPTCY?

    SUGGESTIONS?

    #2
    This sounds like the Canadian version of a Chapter 13, where as you are required to pay a portion of your debts if you have excess funds after necessities.

    I would seriously think twice of quitting your full time job, regardless if you have to pay some funds back. Jobs (at least here in the US) are tough to come by and typically last much longer than a payback period.

    I wish you the best.
    8-07-09-filed Chapter 7
    11-18-09-DISCHARGED!!

    Life is not what challenges you face, but how you face those challenges.

    Comment


      #3
      Evidently Canadian bankruptcy has entirely different laws regarding their bankruptcy process.
      Unless some here on this forum is familar with the Canadian process involved, we here on the forum are not qualified or knowledgeable enough about the the Canadian process to really help you much.
      Sorry we can't be of much help for you.
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

      Comment

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