Question: My husband and I declared bankruptcy on September 17, 2009. My husbnad was a first time bankrupt, and was discharged in June 2010. I am a second-time bankrupt (the first time was 15 years ago due to massive student loan debt). I received a phone call from the office of my Trustee advising that I will have to appear in court in order to recieve my discharge. I was told that the judge wants to know why I declared bankruptcy instead of filing a proposal. I was told at my initial meeting with my Trustee that my husband and I did not earn enough income to file a consumer proposal, as we were barely meeting our monthly expenses. However, most of the debt was in my husband’s name. Now I am very concered about this court case. What are the possible outcomes? Are they likely to make me re-pay the debt that was included in the bankruptcy? I am certainly not in a financial position to do that. Please advise – I am extremely anxious about this.
Answer: Prior to September 23, 2009 all second time bankrupts in Toronto were required to have a discharge hearing.
We would suggest that you discuss this with your trustee to determine if there are any outstanding issues.
If there are no issues, simply appear in court, and answer the questions that are asked. For you, it will probably be a routine hearing.
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