How long does it take to be discharged from bankruptcy after all commitments have been met by the bankrupt and all fees have been paid to the trustee? Also, will the income tax return be going to the trustee or back to the person who declared bankruptcy? If it goes to the trustee will it be released and sent back to the bankrupt person once discharged?

The usual bankruptcy period is 9 months. If a conditional or adjourned Order of Discharge is granted by the Court after the 9 months the Trustee must again make application to Court for the Absolute. The timing of the application will depend on Court date availability.

Tax returns for all years up to and including the year of bankruptcy are an asset of the estate and will be retained even if you are discharged. Refunds for subsequent years may also be retained if you have not been discharged.

Ann Clarke
phone: (403) 296-2972
aclarke@alger.ca