Question: My trustee has decided to oppose my bankruptcy under s. 173.(1)(a)(c) of the BIA. I filed for bankruptcy in May 2011 and my discharge was suppose to take place on Feb 2012 but for the opposition. I am currently on social assistance and this is my first filing. I have also completed the 2 counselling sessions as well as paid the $1,800.
Anyway, a few day ago I requested and attended a meeting with the Trustee to learn why she was opposing my discharge; however, she remains uncooperative only saying that the past 3 months before my filing was questionable. That was all the info. that I got from her.
Is this kind of behaviour normal for a trustee? I.e., witholding information from a client. Am I not suppose to have access to my file? In my opinion I believe that her behaviour is unprofessional, unethical, and vindictive. So what can I do before I attend my court date?
Answer: This type of behaviour is not normal for a trustee. You are supposed to have full access to your file, and you should understand exactly why the trustee is opposing your discharge. If the trustee is opposing under section 173 (1) (c) of the Bankruptcy & Insolvency Act that means they are opposing because you incurred a lot of debt just before you filed bankruptcy. You therefore have a few options:
First, you could ask the trustee for copies of all of the proofs of claims received from all of your creditors, so that you can review them and determine which one is accusing you of spending money before bankruptcy.
Second, you could hire a lawyer to represent you, but that is very expensive.
Third, if you believe the trustee is not doing their job, you can contact the Office of the Superintendent of Bankruptcy and ask that they ask the trustee to provide you with the required information. You can also file a complaint if you believe that’s necessary.