How to Obtain Your Bankruptcy Discharge If Delayed

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If your bankruptcy discharge is still pending, don’t fret. First, ensure your paperwork and tasks, are up to date. Contact your Licensed Insolvency Trustee (or us if we’re helping you) for guidance if something’s amiss. If disputes arise, you might need a court hearing—an insolvency lawyer can help. Stay proactive to regain financial stability.

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Question

How can I get my bankruptcy discharge if it hasn’t been cleared? I’m unsure why my bankruptcy discharge hasn’t been finalized and need help to resolve it.

From: Anonymous, Quebec (QC)

Answer

If your bankruptcy discharge is still pending, here’s what you can do to move things along.

First, review your case to ensure all necessary paperwork was filed on time. Double-check that you’ve completed required tasks like credit counseling and any payments to your trustee. If you find any gaps, contact your Licensed Insolvency Trustee (LIT) for clarification and instructions on the next steps. Keep communication lines open with your trustee—they’re there to help you navigate this process and clear up any issues.

Sometimes, if there are disputes or concerns delaying your discharge, you might need to request a court hearing to sort things out. Consulting an experienced insolvency lawyer can be a good move if you go this route, as they can guide you through any legal intricacies.

Remember, your bankruptcy discharge usually happens automatically after 9 to 36 months, depending on your situation, as long as you meet all requirements. Act quickly to avoid extending your financial difficulties—getting that discharge is key to regaining your financial stability.

From: Insider Scott

OSB Based Answer

To obtain your bankruptcy discharge if it hasn’t been finalized, follow these steps:

1. Check Completion of Duties: Ensure you have completed all necessary duties as a bankrupt, including attending the required counseling sessions and providing all financial information to the trustee, as stipulated under the Bankruptcy and Insolvency Act (BIA), Section 170.

2. Inquire with Your Trustee: Contact your Licensed Insolvency Trustee (LIT) to confirm that all documentation and requirements have been fulfilled. They will assist you in the discharge process.

3. Review the Conditions for Discharge: Familiarize yourself with the conditions for discharge outlined in the BIA, specifically in Sections 171 and 172, to ensure you meet all criteria.

4. File for Discharge: If you have completed your requirements, your LIT can apply for your discharge. If the discharge was contested by a creditor, a court hearing may be necessary.

5. Request a Hearing: If you believe your discharge is unjustly delayed or if you don’t receive a timely response, you have the right to request a hearing in bankruptcy court, as indicated in the BIA, Section 174.

6. Consult Legal Assistance: If you encounter complications, consider consulting a legal professional who specializes in bankruptcy and insolvency law.

Ensure you continuously follow up with your trustee and stay informed about your case status throughout the process.

From: This answer is provided by scanning the OSB Bankruptcy & Insolvency Act and related directives

References

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