Today 02/09/2010
Bankruptcy Ontario: Free Information about Bankruptcy in Ontario

My Trustee is opposing my Bankruptcy

Posted on Sunday, September 20, 2009

Question: Hi, I filed for bankruptcy last year in sept and had an interview with CRA lady, everything went okay and my trustee told me that everything will be okay in my case as it is my first time bankruptcy... so now I have learned that my Trustee has opposed my bankruptcy in the month of April this year, he did not even inform me about it, I just received a letter 4 days ago and I have to appear in court for hearing, I am totally lost as to what to do, I dont trust my trustee anymore as he lied to me and kept in dark...the reason he has given in the statement for opposing is
1) Bankrupt has admitted to trade while knowing himself to be insolvent
2) the assets of the bankrupt are not of a value equal to fifty cents on the dollar on the amount of his unsecured liabilities.

Now i am confuse as to who should I talk to and how should I prepare myself for hearing next month..as I don't trust my trustee.

Can i change my Trustee.
Can i get my money back from him which i paid him as his fee about $1400 which i borrowed from family.

I have moved to Vancouver couple of months ago so can i transfer my case from ontario to Vancouver court, is it possible as I can't afford to travel to toronto

Any help will be highly appreciated.

Answer: Once a trustee is appointed, only the creditors or the court can change trustees. You cannot transfer your case to another jurisdiction. You have two options:

First, talk to your trustee and have them explain in detail what the issues are, and what they intend to say in court.

Second, if you are not satisfied with that explanation, you can hire a bankruptcy lawyer to represent you in bankruptcy court, although it is also strongly recommended that you also appear in court for your discharge hearing.

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