Bankruptcy Court

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Hiring a bankruptcy trustee


Your trustee normally files all paperwork pertaining to your bankruptcy.

If your file is sent to court because of outstanding issues or duties, you normally must attend and answer any concerns so that they can make a decision regarding your discharge from bankruptcy. Your creditors, the government, or your trustee have the right to oppose your discharge and require your case to be sent to court.

In some cases, the court may delay your discharge, and can also require you to pay an amount to your trustee before you are discharged. All duties must be completed in additional to trustees’ fees and any surplus income payments being paid before the court will agree to discharge you from bankruptcy.

Discharge from bankruptcy

A bankruptcy discharge releases you from any legal obligations to repay eligible pre-bankruptcy debts. Some debts are not erased by bankruptcy, so make sure you know your obligations.

The timing of your discharge depends on several circumstances. If there are no issues in your file and no oppositions, the trustee may be able to issue your discharge from their office. This is called an ‘Automatic Discharge’.

Automatic discharges

  • If this is your first bankruptcy, and you do not have to make surplus income payments, you will be eligible to be discharged in 9 months.
  • If this is your first bankruptcy, and surplus income payments are required, you will be eligible to be discharged in 21 months.
  • If this is your second bankruptcy, and you do not have to make surplus income payments, you will be eligible to be discharged in 24 months.
  • If this is your second bankruptcy and surplus income payments are required, you will be eligible to be discharged in 36 months.
  • If you have been bankrupt on more then 1 previous occasion then you will not be eligible for an automatic discharge. Your discharge will be decided by the court.

Non-automatic discharge

If you don’t qualify for an automatic discharge, your trustee will organize a court hearing. Your trustee will prepare a report which analyzes your financial situation and your conduct before and during your bankruptcy.

After your hearing the court can grant you an absolute discharge, or they could impose further conditions or a suspension before you can be discharged. On rare occasion your discharge can be refused. This is why it is essential that you are aware of all your responsibilities during your bankruptcy, and that you fulfill every obligation.

Susan Banasco

Extremely professional service by Mr. Thatcher and his team. Mr. Thatcher and his team were always available and quick to answer any questions concerning bankruptcy. I would highly recommend this company to anyone that would require his services!

Isabel K

I have worked with Kevin and his office for many years and would recommend his services to anyone who is having financial difficulties. He is very professional and has spent many years helping people get out of tough debt situation.

Sara C

The staff at Kevin Thatcher & Associates are incredibly understanding, non-judgmental people who honestly advised me of all my options before I chose to go bankrupt. I was surprised at how easily they broke down the process for me step-by-step so I was able to meet all the requirements.

John D

I just wanted to thank everyone at Kevin Thatcher and Associates for their help. I was at wit's end and couldn't cover most of my bills. I was afraid to answer the phone ever as it might be another collector calling! I was so depressed.

Caroline C

I was looking for a bankruptcy firm and was recommended Kevin Thatcher and Associates. I initially spoke with his pleasant and knowledgable staff(Anna) over the phone. I was very impressed by her and her soft approach being in a difficult situation.

Sean C

Very kind, caring and helpful group at Kevin Thatcher and Associates.

Alan S

I was in a real bind with a lot of debt from credit cards and payday loans but I met with Kevin and his staff were very understanding of my difficulties paying. I paid for 21 months under these federal income rules, but was way cheaper than if I did nothing.

Elizabeth E

Staff is extremely kind and knowledgeable! They took a stressful situation and made it more manageable, so thankful for their expertise.

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