Today 02/11/2012
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Bankruptcy Ontario: Call 310-PLAN to speak with one of our experts

trustees

Question: What recourse is there if you think there is interference by the trustee ??? During our two meetings , there were many conflicting statements made and I am concerned. Can you change trustees midway through a bankruptcy due to lack of trust ????

Answer: Although it is the person who wants to go bankrupt that approaches a trustee, legally the trustee is appointed by the court, so the bankrupt person cannot change trustees. A creditor could request a creditors’ meeting and request that a trustee be substituted, but a bankrupt person cannot do that.

If you do not believe your trustee is following the rules, you should start by talking to your trustee, or perhaps the owner of the firm that your trustee works for.

Your next option would be to talk to the Office of the Superintendent of Bankruptcy and raise your concerns with them, since they regulate all trustees.

Finally, if your trustee opposes your discharge from bankruptcy, there will be a discharge hearing in bankruptcy court, and at that time you will have your chance to have your say in front of the Bankruptcy Registrar to explain your side of the dispute, and the court will then make a ruling.

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