When someone’s discharge has been opposed, it means something has happened to prevent the person from getting an automatic discharge.  This can happen for several reasons: He or she has filed for bankruptcy before and therefore they are not eligible for an automatic discharge; he or she did not comply with the duties in the bankruptcy and the trustee has opposed the discharge; a creditor has opposed the discharge or the superintendent of bankruptcy has opposed the discharge.

The trustee will oppose the discharge if someone has filed for bankruptcy for second time (or more).  This rule is stated in the Bankruptcy and Insolvency Act and regardless of the time that has passed since the first bankruptcy, a court review of the file is mandatory.

If the bankrupt did not perform the duties set out, the Trustee will oppose the discharge.  The bankrupt will only be entitled to the discharge once they have fully performed all of his or her duties.  It is very important to perform all of the duties required under the bankruptcy in order to get a discharge in a timely manner.

Creditors have opposed the bankrupts’ discharge because they have wanted the bankruptcy court to review the bankruptcy.  For instance, I had a creditor oppose a discharge on the grounds that the bankrupt should have known he would not have been able to pay back the debt before he took out the loan.  It is then up to the Bankruptcy Court to determine the status of the bankrupt’s discharge.

Having the office of the Superintendent of Bankruptcy oppose someone’s discharge occurs less frequently than trustee opposition.  The Superintendent of Bankruptcy can oppose if they feel there are facts they want to bring to the Courts attention.  This could occur if the debts are high based on the bankrupt’s personal situation. 

To review your situation and to determine if we think your bankruptcy might be opposed, call us at 310-PLAN.