How can I get a discharge when my trustee won’t help me get discharged?

I declared bankruptcy in 2007 and my discharge was adjourned generally by the Court because I didn’t do the things I was supposed to do.  How can I get a discharge when my trustee won’t help me get discharged?

There are a number of options available for you to deal with your discharge.

Firstly, to even get to the point where a discharge is possible, all the things you were required to do, must be done.  For example, if you didn’t attend a counseling session, you need to do so.  This can be done by any Trustee.

Once you are ready to proceed for a discharge you can do the following:

  1. Speak to your former Trustee.  Some firms will assist you in getting your discharge, others will not.  If the Trustee is discharged, it is up to you to apply for your own discharge from bankruptcy. However, if the Trustee is not discharged and the file is still open, the Trustee may make the second application for discharge on your behalf. However, they are not obligated to.
  2. If your Trustee is not in a position to help you, then you can retain an insolvency lawyer to seek your bankruptcy discharge.
  3. Failing this you can appear in court acting on your own behalf.  This is not an easy process and can be frustrating.  The Supreme Court of BC has published a guide for those who wish to represent themselves at their discharge hearing.  This guide can be accessed by contacting the Justice Education Society website.  Alternatively, you can find this on our website under Forms.

As an alternative, an undischarged bankrupt can also file a consumer proposal.  To determine whether or not this is a feasible option, you need to meet with a Trustee.  And, it does not have to be the same Trustee you used for your bankruptcy.  You can use someone else.  The acceptance of a consumer proposal has the effect of annulling the bankruptcy.  The annulment would also negate the need for a discharge hearing.

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