Question: Hello, If anyone could answer this question it would be appreciated. Divorce 101, personal bankruptcy, house sold, all creditors paid in full. Fallout with the trustee now two years later I’d like to file myself to the courts for a bankruptcy annulment. Are there forms available to the general public to do this and then file in the Ontario courts for a bankruptcy hearing?
If you answer, thank you
Answer: Unfortunately dealing with the court system is not as simple as filing out a standard form. You could contact the bankruptcy court nearest to your city and request that a hearing be booked. You could represent yourself at the hearing. However, as with most court appearances, it would be more logical to hire a lawyer to represent you.
The court will only grant an annulment of a bankruptcy if you can prove that all creditors are paid in full. Prior to court you will need a copy of the Trustees’ Statement of Receipts and Disbursements and statement of Dividends Paid to confirm that all creditors were paid in full. You must also provide an affidavit to the court indicating that all known creditors and the trustee were notified of the annulment hearing. Given these complexities, it is usually best to have the assistance of a bankruptcy lawyer.