Question: This week, cheques are being sent out for Ontario residents regarding the HST. This morning, my son got his for $100.
I filed for bankruptcy in April 2009. I satisfied all conditions and was supposed to be discharged this past January. However, the trustee made a mistake – they opposed the discharge because they claimed I did not attend the final counselling session. I and the counselling agency appealed this successfully and the trustee claims that the paperwork is in the hands of the court. They, the trustee, claim that the courts are slow and will take from six months to a year to discharge my bankruptcy. My question first is – can I expect a rebate for the HST? also, is my case normal? I feel like I’m up against a brick wall with these people .
Answer: No, your case is not normal. In the vast majority of cases, if your counselling sessions are completed, and there are no other reasons to delay your bankruptcy discharge, you would be discharged. Most trustees will meet with the bankrupt prior to their scheduled discharge date to review any outstanding issues. At that time, if they were missing a counselling certificate, they could have obtained it without the need for a court application for your discharge. However, at this point, if the trustee has applied to court, there is probably nothing more you can do, other than to stay in touch with the trustee to find out when your court date is scheduled.
As for your HST cheque, that’s a question for your trustee. CRA will automatically send all HST cheques to the trustee until the person is discharged. Since you are not discharged, it would be logical to assume the cheque will go directly to the trustee. Whether or not you should be receiving the cheque can be determined by the trustee, based on the funds in your estate.
