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Discharge from Bankruptcy in Ontario

Posted on Sunday, April 23, 2006

Is a personal bankruptcy discharge in Ontario final, or can the Trustee still pursue an asset of a discharged Bankrupt?

1 Comments:

At 1:52 PM, Blogger Benny Mendlowitz, CA•CIRP, Trustee said…

That is an interesting question, with a two part answer.

There are really "two" discharges in a personal bankruptcy:

This first is for the bankrupt. Once they have basically completed all their duties, they are "discharged" from their liabilities. This usually takes 9 months to happen.

The second is for the trustee. Even though the bankrupt may be discharged, the trustee is not necessarily finished with the file. There are several administrative matters to wrap up, but more importantly, if there are assets that the Trustee has to deal with, this can, and many times does, take place after the bankrupt's discharge. This also applies to assets that are discovered after the bankrupt's discharge.  

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