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DISCHARGE FROM BANKRUPTCY

Question:

I have Canada Revenue Agency object to my discharge as I owed a lot of money in taxes.  What is the process at the discharge hearing?

Answer:

The Court will hear from the Trustee, (the trustee’s report), the Department of Justice normally has legal counsel representing Canada Revenue Agency and they will give arguements to the court as to what they want from you.  If you would like to have legal counsel represent you, this is perfectly acceptable but if you can not afford a lawyer, you have the right to refute any statements made against you.  This is your opportunity to give your side of the facts. 

The bankruptcy court has a “Registrar” in bankruptcy who hears your case.  The Registrar carefully considers all of the evidence before him or her and makes a decision.  This could range to granting you an absolute discharge, the court could order you to pay a certain amount of money over the next couple of years, the court is severe cases may even refuse your discharge. 

Once the Registrar’s decision is made, all parties have 10 days if they wish to appeal the decision.  Then the case would move up where a Judge would hear the case.

 

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