Comments on: Annulling a Personal Bankruptcy https://freshstartnow.ca/annulling-a-personal-bankruptcy/ Bankruptcy & Consumer Proposal Thu, 15 Feb 2024 16:17:46 +0000 hourly 1 By: Kathy Lenart https://freshstartnow.ca/annulling-a-personal-bankruptcy/#comment-162 Wed, 07 Feb 2024 02:30:13 +0000 https://freshstartnow.ca/?p=2525#comment-162 In reply to Nicholas.

Hello Nicholas
My apologies for the delay in replying. Reach out to your trustee and they should be able to assist you.
Regards
Kathy

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By: Nicholas https://freshstartnow.ca/annulling-a-personal-bankruptcy/#comment-154 Wed, 17 Jan 2024 01:53:02 +0000 https://freshstartnow.ca/?p=2525#comment-154 I started a bankruptcy almost ten years ago. I couldn’t attend the last credit counseling session due to undiagnosed mental health issues which have rendered me disabled. Can you tell me what options are available?

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By: Kathy Lenart https://freshstartnow.ca/annulling-a-personal-bankruptcy/#comment-138 Thu, 20 Apr 2023 01:51:25 +0000 https://freshstartnow.ca/?p=2525#comment-138 In reply to Derek.

Hello Derek
I recommend that you speak to your trustee about your options. You can request mediation to try and reduce the monthly surplus income payment, you can request a reduction of the total surplus payments at your discharge hearing, or agree to a conditional order for the outstanding amount in that you are not discharged until the amount is paid in full. You can then make payment arrangements with your trustee. You are likely not eligible to annul the bankruptcy if you were insolvent at the time you filed, but that is a legal question you would have to consult with a lawyer.
You could file a proposal to your creditors, which if accepted would annul your bankruptcy, but you will have to offer more than the creditors would realize in your bankruptcy for them to consider accepting it. The proposal can be over a 5 year time period and thus the monthly amount would be lower and maybe more affordable. Since your trustee is most familiar with your situation, I recommend you arrange a meeting to fully discuss the above.
Regards
Kathy

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By: Derek https://freshstartnow.ca/annulling-a-personal-bankruptcy/#comment-137 Thu, 20 Apr 2023 01:35:56 +0000 https://freshstartnow.ca/?p=2525#comment-137 I am currently in bankruptcy protection (2nd time). I am unable to pay the surplus payments; which are accumulating at an alarming rate. I am unable to pay the surplus, even at the end of the 3 year period. What are my options at that stage of the bankruptcy? Annulment
/proposal to creditors? Or place myself at the mercy of the court, and hope for discharge?

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