Today 07/30/2010
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Bankruptcy Ontario: Free Information about Bankruptcy in Ontario

Surplus Income Assessment

Question: I declared bankruptcy, was assessed, and given 9 months of payments at $170.00. I lost my job and found a new one during that period and sent all of the info to my trustee. Turns out, she had left the company, and didn’t forward any of my info on, so at the end of the 9 months – I was behind in my payments – I was re-assessed. They decided that I owed an additional $11,000+ in surplus, and I now have over 21 months of payments to make!!!!!!! The largest chunk of my debt was a personal loan – that I will need to re-pay once I’m discharged – and the person has not filed any paperwork to be able to recoup any of the funds. (I’ve asked for this person to be removed, and was told no) If I take that amount out, add in the $3000 tax return they received along with the $11k in payments, I am paying back as much, if not more, than I originally declared! Something seems off to me, can anyone help?????

Answer: It does appear that your situation was not handled in a professional manner. You have three choices:

First, you should request a meeting with the senior trustee at the firm you are dealing with to see if they can sort out the problems.

Second, you could request a discharge hearing in court, which will probably happen anyway, and explain your situation to the bankruptcy judge.

Third, you can contact the Office of the Superintendent of Bankruptcy (they monitor all trustees) and they can investigate on your behalf.

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