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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98540
Experience:  Lawyer
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I am in Bankruptcy and have been for about 19 months, I believe

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I am in Bankruptcy and have been for about 19 months, I believe I have two more months to pay and just came back from vacation to have a letter waiting saying they will be objecting to my release as I owe $4000 in Surplus Income. This is the first time I have heard of this and there is no explanation of why. They are the ones that set the rates when we started and my wife got the same letter except she is fine and will be ok to sign off with. I on the other had have a court date set. four weeks ago I went to them to seek their approval to attempt to purchase a new vehicle at a dealership. They had no problem charging me a fee and giving me a letter saying all was well and they wouldn't object to going ahead with this purchase, then this letter comes. I have no idea what it is for and we have made every payment as they have asked with the understanding this would be over when our next two payments are made as per the original 21 month plan. They made some changes a few months ago and we had no problem with this and have never questioned them. Now this comes and I am wondering if I can show up on this court date and present my case or should I sit down with them and ask for an explanation. We had nothing but good things to say about this company and now I feel I have a Knife in my back. Any help would be appreciated and If in fact I owe the money and it can be explained then why didn't they tell me so we could of spread it out as how do I come up with and extra $4000 in two months? Thank you, XXXXX
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

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As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

I am sorry this happened to you.

I do think you should first ask for a meeting and discuss this with them.

It sounds like they have determined that you have higher income than they thought you did. I don't know where they got that idea from.

So you should ask for a meeting and state you don't want to blindly come to Court opposing them and hope this can be worked out but you cannot agree to this, have no idea where this came from out of the blue and cannot pay $4000 in two months and they know that as they have intimate knowledge of your financial situation.

Let me know if you need any further clarification.
Customer: replied 3 years ago.
Do u know anything about Canadian bankruptcies? Can I challenge them even if this is their mistake on how the payments are calculated. Can I challenge this on court day or will they say oops sorry we screwed up and you still owe the money? If you can't answer or not sure than. Thank you for your service
You can challenge them in Court but my suggestion was not to wait but to deal with this now.

You can simply call and ask what is going on.

If they made a mistake but you actually owe this money you may be able to work out a better payment scheme.

But they may have made a mistake now and it seems it may be related to the car.

So start off by trying to find out what they say has happened.

I am a lawyer in Canada but I don't deal with bankruptcy's specifically.
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