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  • #31
    Originally posted by arabian View Post
    When/if seriously considering bankruptcy it is best to talk to more than one bankruptcy trustee. Trustees aren't like lawyers or accountants and graduating from university is not required. Trustees receive their certification/license from taking courses and passing a test. Trustees are answerable to a lame-arm of the federal government - Office of the Superintendent of Bankruptcy (OSB). There is no governing body for trustees like you have with lawyers and accountants. Lousy, dishonest bankruptcy trustees are commonplace. You can be told diametrically different things by 2 different trustees so listen carefully when you next speak to one. If you have questions that persist after your meeting you'd be best to contact the Office of the Superintendent of Bankruptcy directly (phone numbers for each Province).

    There is ample information online about bankruptcy, however, over the past few years there have been notable changes to the Bankruptcy and Insolvency Act (BIA). Debts which are not discharged from bankruptcy include Student Loans, Child or Spousal Support, and sometimes CRA debt (just to name a few). A mortgage debt, such as the one you refer to - CMHC, would be discharged. Length of time in bankruptcy is outlined online on any number of bankruptcy trustee websites (they seem to get that part correct). I would recommend that you also read the bankruptcy Act which is available online. I am certainly no expert on the matter, just an interested party in another bankruptcy case, so you should definitely seek professional advice if you decide to go that route.

    You have been posing on this forum for a number of years and I think you have received all the advice one can get on the situation you are in. You seem to be intent on paying down your mortgage so your MIL receives her 1/3 share of proceeds of house. If your house were to sell for what is owed then your MIL would receive her 1/3 share = 0 + her 1/3 share of costs. You speak of stress. Sometimes we can be our own worst enemies. It has been 3 years since your separation? You have been paying into a mortgage and you have no equity in your home and even if you did you would only have 1/3 of the equity. Unless your mortgage payment and home maintenance is notably less than what you would pay for rent, I'd get that house sold asap and move on with your life.

    Good luck
    I am trying to sell it at rock bottom price right now, mil says I will rot in this house. I will seek alternate legal advice, I feel as though maybe my lawyer is trying to do things for me in a cheap easy way, just lengthy. Is it best to get a lawyer that does not have to deal with a firm? Does the firm handcuff them a bit when it comes to them suggesting things, they do not want to give the firm a bad name, but as a self employed lawyer they will be like a pit ull for you?
    I thought maybe he had lots of resources at his disposal and I was told he was an awesome lawyer by a couple of people sitting outside of the court room. He seemed to have complete control of knowing what was going to happen all the time. Maybe I have to tell him firmly to force the sale, I would do ot myself diling the motion, but there are 3 parties and a divorce involved so I don't want to mess up.

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    • #32
      Saw this blog this morning, thought of your situation. Might be worth looking at the case?

      http://blog.separation.ca/motion-for...rimonial-home/

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