Lawyer: Debra, Lawyer replied 9 years ago
Given then exceedingly long passage of time, that make sense!
You can do this on your own and do not need a lawyer or any Trustee in Bankruptcy.
There is a Supreme Court booklet that explains exactly what you must do.
I cannot seem to find a link to it to provide you so I am copying and pasting the relevants portions for you here:
Preparing your own application for discharge
The following information will help you if you are
making a court application for your discharge from
bankruptcy without the assistance of the trustee or a
The first step is to locate your bankruptcy file at the
court registry. You must look through your file and
• the trustee’s report (also called a section 170
report, a S170 report, or a Report of Trustee
on Bankrupt’s Application for Discharge); and
• a copy of the order that was made at the
previous discharge hearing.
Ask the registry to make copies of these documents
for you. You will have to pay a fee for photocopying.
In addition, you will need to prepare the following
documents. Examples of the forms are attached to
• Notice of Motion;
• an Affidavit of Service;
• your affidavit, which explains why you are
entitled to the order that you are seeking; and
• a draft of the order that you are seeking to be
made, although the Registrar in Bankruptcy
hearing your application for discharge may
make any order he or she sees fit. If the
Registrar in Bankruptcy makes the order you
are seeking, he or she may sign it in court on
the day you appear. That may save you some
time later in having your order entered in court.
Two examples of different types of orders are
attached to this guidebook.
Notice of Motion
You begin an application for discharge by preparing
and filing a Notice of Motion. There is a fee for filing
your Notice of Motion. (Filing fees are set out in the
Schedule attached to the Bankruptcy and Insolvency
General Rules. The fees are $50 for an ordinary
bankruptcy and $10 for a summary bankruptcy.)
The rules for serving the Notice of Motion
are described under the heading “Serving your
documents” in this guidebook. There is a sample
Notice of Motion at the end of this guidebook.
An affidavit is signed, written statement that
contains important information in your case. Any
evidence that you wish the court to consider in the
application must be submitted in an affidavit. Your
affidavit should state what led up to your bankruptcy
and what your financial situation is at the present
time. You should provide details, because the court
needs to have a clear picture of your circumstances.
Your affidavit should only include evidence that
relates specifically to your application for discharge.
The following information might be relevant to your
• The cause of your bankruptcy.
• Your personal and financial situation since the
date of bankruptcy (e.g., your employment,
income, marital status, etc.).
• You should state why you did not seek the
discharge earlier and/or why you have not been
able to comply with the bankrupt’s duties or
• The reasons why you are seeking a discharge
• What debts and liabilities you have incurred
since the date of bankruptcy.
• Your current assets and liabilities.
• What assets you have acquired, distributed,
transferred or sold since the date of bankruptcy.
• Responses to any statements, findings,
recommendations or objections set out in the
trustee’s report and any other reports that are
filed in response to your application.
You should attach as exhibits to the affidavit any
documents you have relating to the application
you are making, such as the trustee’s report and a
financial statement setting out your current income,
expenses, assets, and liabilities. A sample affidavit
and financial statement are set out at the end of this
guidebook. You will have to swear (or affirm) your
affidavit in front of a lawyer, a notary public, or a
designated person at the court registry. There is a
fee for this service. For further information about
preparing affidavits, see the guidebook, A Guide to
Preparing Your Affidavit.
Serving your documents
Legally speaking, to serve documents means to
provide a written copy – in some cases, this requires
having a signature to confirm the document was
received. You must serve the filed Notice of Motion
and all other filed affidavits and documents on all
proven creditors, your trustee and the OSB.
The Notice must be received by the persons to
be notified at least 4 days before the hearing if
the document is served, delivered personally, or
sent by fax or electronic transmission. (Note that
bankruptcy hearings in Vancouver are scheduled
only on Wednesdays.) If it is couriered or mailed
to the other parties, it must be sent at least 10 days
before the hearing. (Time limits are set out in the
Bankruptcy and Insolvency Act, Rule 6(1) – (2).) It is
a good idea to give the other parties as much notice
as possible about the hearing date.
The OSB’s address for service is 2000 – 300 West
Georgia Street, Vancouver, BC, V6B 6E1 (toll free
telephone: 1-877-376-9902). You must provide
proof of service at the discharge hearing if no one
else attends the hearing.
At the hearing
When your application is heard, you will have an
opportunity to present your case in court to a judge
or a Registrar in Bankruptcy. (When a master hears
your application, he or she is called a Registrar in
Bankruptcy.) This is the typical procedure:
1. You explain why you believe you are entitled
to an absolute discharge from bankruptcy.
2. Anyone opposing your application explains
his or her position.
3. You submit documents and affidavits in
support of your case.
4. The opposing party’s presents arguments in
the same way.
When you are presenting your position at the
hearing, remember these general guidelines:
• Tell the Registrar in Bankruptcy or judge what
order you are seeking.
• Outline the facts necessary to support your
• Set out the law on the subject.
• Explain how the law applies to the facts of your
• Indicate that the application of the law to
the facts of your case requires the Registrar
in Bankruptcy or judge to make the order
• Try not to switch back and forth between facts
Stand when you are making your presentation to the
Registrar in Bankruptcy and address him or her as
• Address a male judge as “My Lord” and address
a female judge as “My Lady.”
• Address a master or registrar (both male and
female) as “Your Honour.”
The Registrar in Bankruptcy or judge will consider
many factors at your application for discharge. Your
conduct before your assignment into bankruptcy
and during bankruptcy is an important factor and
the trustee’s report will provide that information.
For example, if you have not cooperated by attending
financial counselling sessions or by paying wages
determined as surplus income to the trustee for your
creditors, the Registrar in Bankruptcy or judge may
make a conditional order that you be discharged
when you have paid the surplus income to the
The Registrar in Bankruptcy or judge will also
consider your current income. If you do not have
much money left over from your paycheque after
paying reasonable monthly expenses, it would
be pointless to make an order for you to repay a
On the other hand, if you make a reasonable salary,
the Registrar in Bankruptcy may order a conditional
discharge, particularly if you have assets that are
exempt from being attached as part of the assets in
your bankruptcy (such as RRSPs purchased more
than one year before you declared bankruptcy). In
some cases, the Registrar in Bankruptcy or judge
may order repayment of a substantial portion of the
debt, even if you are of limited means (e.g., if you
owe money to only one creditor, like the CRA or a
After discharge, you are legally released from paying
debts that you incurred before your assignment in
bankruptcy, except certain types of debts, which
are set out in Section 178 of the Bankruptcy and
• Alimony payments and child support;
• Student loans, if it is less than 7 years since you
ceased to be a full or part-time student;
• A fine or penalty imposed by the court; or
• Debt arising from fraud.
At the end of the hearing, the Registrar in
Bankruptcy or judge will either grant you a discharge
from bankruptcy, adjourn the hearing, or dismiss
your application. If you have prepared your order
and brought it to the hearing, the Registrar in
Bankruptcy or judge may sign your order from the
Order for discharge
At the end of the hearing, the Registrar in
Bankruptcy or judge will grant one of the following
types of discharges:
• An absolute discharge. When an absolute
discharge is granted, you will be released from
the obligation to repay the debts you had as of
the date of your bankruptcy. Note that you are
still obliged to pay certain debts, as described
A conditional and suspended discharge. If you get
a conditional discharge, you must do certain
things before you are entitled to an absolute
discharge. For example, you may have to pay a
certain amount of money to your trustee over
a period of time. The court can impose other
conditions; once those conditions are met,
you will be granted an absolute discharge. A
suspended discharge is where the court sets a
specific date in the future when your absolute
discharge becomes effective. Although no
further court hearing is required, you are not
discharged until that date.
The court may refuse to grant your discharge. In that
case, you will have to make another application for
discharge after a reasonable period of time, often set
by the court in the order refusing your discharge.
Sample orders for discharge and the required
backing sheet can be found at the end of this
guidebook. A backing sheet is the last page of your
document. It sets out the court registry information.
If you prepared your order before the hearing and
the Registrar in Bankruptcy or judge has signed it on
the bench, you may then take it to the court registry
(bankruptcy division) and they will hold it for 10
days before filing it. At that point, you are discharged
If you did not prepare your order before the hearing,
go to the court registry (bankruptcy division) and
complete the order by filling in a form. You can take
that order back to the Registrar in Bankruptcy in
court and have him or her sign it. Take the signed
order back to the bankruptcy court registry and they
will hold it for 10 days before filing it. At that point,
you are discharged from bankruptcy.
A copy of the signed and entered Absolute Order of
Discharge must be sent to the OSB to update the
public record. (Note: Credit Bureaus obtain their
bankruptcy information from the OSB.)
I hope that helps. I wish I could have found a link to that booklet for you.
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