The creditor objecting is my father who built a home for my wife and I 10 months before we filed for bankruptcy and he went over budget by $30,000. He is objecting to our discharge saying he was defrauded of construction funds when we knew of and were contemplating bankruptcy. He filed his objection on the last day of the ninth month of our bankruptcy.

He also states that he has not been able to get in contact with us to serve notice of his objection(in the middle of our bankruptcy we relocated to North Carolina from Edmonton), This is a complete lie as he sent us Christmas cards and a gift for our daughter, and we also sent him a christmas card.

We went bankrupt after we were served with papers from a credit card company who was suing us, not because of my father.

Is there any recourse we can take with him? He is going to cost us a lot of money that we can't afford to defend ourselves at our court date and he is lying. Also we are wondering if we can remove him from our bankruptcy and let him try to sue us?

Once an objection has occurred the matter of your discharge must go in front of the court. You should contact your Trustee as they will be setting this hearing. You have the option of hiring a lawyer to represent you as you are now out of the country. Your trustee cannot represent you as he is an officer of the court.

You cannot remove your father as a creditor at this time. He is a proven creditor and has the right to object to your discharge. Whether the court will agree with his position is up to the court. Again, you should be communicating with your Trustee so they can explain the procedure to you.

Shane Brenneis
phone: (403) 298-1575
sbrenneis@collinsbarrow.com