|
5. What happens at the first meeting
of creditors? A meeting of
creditors may be called if requested by your creditors.
The purpose of this meeting is to:
- confirm the appointment of the
Trustee
- appoint up to five inspectors who
supervise the administration of the bankrupt estate,
including approval of the Trustee's statement of receipts
and disbursements
- allow creditors to obtain
information about the bankruptcy
- allow creditors to give directions
to the Trustee
6. When will I get my Discharge from
Bankruptcy? A first-time
bankrupt is automatically granted a discharge nine months
after filing bankruptcy unless a creditor, the Trustee, or
the Official Receiver objects. If you are granted an
automatic discharge, there is no court hearing and the
Trustee sends you a copy of the discharge.
If this is not your first bankruptcy or
if your discharge is opposed, the Trustee sends a discharge
application to the Court. You will be advised by the Trustee
if you are required to appear in Court for the discharge
hearing. At the hearing, the Trustee's report informs the
Court of the circumstances surrounding your bankruptcy. The
Court will choose one of the following discharge
alternatives:
7. Which of my debts are not discharged by bankruptcy?
- student loans, if it is less than
two years since your schooling finished
- fine or penalty imposed by the Court
- alimony
- liability for dividend to an
undisclosed creditor
- debt obtained by fraud
- liability for support or maintenance
of spouse or child under an agreement or Court Order
8. What about my credit rating?
Usually, once your level of debt becomes so
great that bankruptcy is required, your credit rating is
poor in any event. Your ability to obtain and use credit
after discharge depends on convincing lenders of your
personal financial maturity. Your credit rating can only
improve after bankruptcy. Send a copy of the Discharge Order
to the Credit Bureau so that your credit record can be
updated. All documents relating to your bankruptcy should be
saved for reference by future lenders.
9. Are my spouse's assets included
in my bankruptcy? No. Only assets
owned by the bankrupt are included in the bankruptcy. If
assets are jointly owned with a spouse, then the bankrupt's
portion may have to be sold and distributed to the
creditors. It is important to make the Trustee aware of
joint assets so that each case can be reviewed individually.
10. Do I require a lawyer?
Generally, you do not require a lawyer to go
bankrupt. If you feel the need for legal advice and cannot
afford a lawyer, legal aid is available. We suggest you start by educating yourself. This
can save you hundreds if not thousands of dollars in
unnecessary legal fees.
|