| Author: |
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Edward |
| Date: |
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October 2 , 2001 |
| Question: |
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In 1991 I filed bankrupcty in Manitoba. It was my uderstanding that I had been discharged in around September of that year. I have since found out that the Trustee had passed away, and the paper work was never properly filed. It had vanished from my bureau but showed up this year as an Undischarged bankrupcty. I called back to the Manitoba court house, and they gave me the name of the Trustee who had taken over his work, but they noted that the new trustee had filed for a discharge. I called the new trustee who advised that the files are most likley destroyed due to the age.
I called the court back and they said I would have to make a new
application for discharge. My question is there any way I can do this from Alberta, and although the court says they can get me the creditor list that I would need to serve. I'm dispaointed that this may have to now sit back on my credit file, again for 7 years just because the paper work got messed up during the death of my origianl Trustee. What are my options?
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From: |
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Ann Clarke, Collins Barrow Limited |
| Date: |
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October 9, 2001 |
| Answer: |
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Your best option would be to hire a lawyer in Alberta to help you deal with the Court in Manitoba, if you are unable to do so directly. Alternatively, you could request the new Trustee take the matter back to Court once you have retrieved the paperwork from the Manitoba Court. If you feel that the original discharge is showing incorrectly and the Trustee did not complete his duties properly, your should contact the Office of the Superintendent of Bankruptcy, a division of Industry Canada. Their number can be located in the blue pages of your phone book.
Ann Clarke
phone: (403) 296-2972
aclarke@moneyhelp.ca
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