Spouse filing for bankruptcy

[Dazed_and_confused]

Don't roll over on this. That's what it sounds like she and her scumbag trustee are counting on.

I have no intention of rolling over. I know that all her decisions from the time of separation on are "for the best interests of the kids" (ie: her), and she has no concern for what that means for me. She has never been good as far as financial matters go, and I'm thinking she didn't give accurate information and/or the trustee did a shitty job......or both. I will do my very best to give her a real nice wake up to reality.

[hadenough]

Effects of Claiming an Ontario Bankruptcy

READ THAT ^

And..

http://www.hoyes.com/student-loan-bankruptcy-canada.htm

[arabian]

I was incorrect when I stated a person has bankruptcy on their record for 14 yrs - 14 yrs is for people going bankrupt the second time. First time bankrupts have it for 7 yrs. Either way it is a very bad decision.

Totally empathize with you right now. It's a tremendous blow to find its over and then get screwed financially.

Keep us posted on how you are doing.

[Dazed_and_confused]

I was incorrect when I stated a person has bankruptcy on their record for 14 yrs - 14 yrs is for people going bankrupt the second time.

I was wondering about that, as I couldn't find anything about changes. In any event, you are correct that it will be 14 years because this will be a second bankruptcy.

Keep us posted on how you are doing.

I will. Thanks for the all of your input (and everyone else as well). I can't imagine trying to figure everything out alone when my head is still spinning from the initial shock of separation.

[Dazed_and_confused]

Quick question: should I ask my STBX for a copy of the bankruptcy paperwork or the contact details for the trustee? Or should I leave that up to a lawyer?

Thanks in advance.

[hadenough]

Ask her for a copy of her "statement of affairs" - it will show who she listed as her creditors.

As a 2nd time bankrupt, she will not be eligible for a discharge for 21 months I believe. 1st time is 9 months.

Speak to a trustee first. The one I pm'd you has offices all over. A lawyer is a good idea too, but wait to see what the trustee says. Establish whether or not you can file a notice of opposition and if applicable, a proof of claim. Also ask why in the hell her trustee isn't suggesting a CP (consumer proposal) instead.

[Dazed_and_confused]

Ask her for a copy of her "statement of affairs" - it will show who she listed as her creditors.

She has told me that it is a "personal" matter and does not involve me. Clearly she is not aware of the possibility I could be a creditor after the equalization process.

As a 2nd time bankrupt, she will not be eligible for a discharge for 21 months I believe. 1st time is 9 months.

I believe it is now 24 months minimum, and 36 months if there is surplus income (which is quite possible).

Speak to a trustee first. The one I pm'd you has offices all over. A lawyer is a good idea too, but wait to see what the trustee says. Establish whether or not you can file a notice of opposition and if applicable, a proof of claim. Also ask why in the hell her trustee isn't suggesting a CP (consumer proposal) instead.

The fact that she could have filed a viable CP before or after disposing of the house seems to be one of the grounds for opposing discharge.

[hadenough]

^ that is correct ^

Bankruptcy Assignments are Public Record. Don't let her or her douchebag trustee attempt to talk circles around you. Read up some more and they'll know you didn't just fall off the turnip truck. Use "CP" and "PB" instead of their long names. Reference the "BIA" and "OSB" - and a few other industry buzz words.

Personal??? No - public record. Her name will be on the OSB's website once this goes through. It is public record. For the record, your stbx sounds like an asshole, to me.

[Dazed_and_confused]

Speak to a trustee first. The one I pm'd you has offices all over.

My first question to a trustee reveals a cause for concern; apparently the trustee is not required to inform anyone of the bankruptcy unless they are listed as a creditor. Even though my name is on the mortgage too (in fact on ANY joint items) the trustee does not have to let me know! Wow! This could lead to some serious issues. If my STBX had not told me she was filing for bankruptcy, I may not have known until the bank moved on a power of sale / foreclosure or when they came after me for their payments. I will call it stupid, although I really want to let loose a stream of colourful profanities about the insanity of this!

I have sent a couple follow up questions and I'm waiting for the response to those.

[arabian]

I and others know what you are going through right now. Hadenough is correct - get up to speed on the BIA.

Trustee will possibly send you a form to fill out to determine if you should be considered an official creditor.

TRUSTEES ARE INCOMPETENT SHARKS. DO NOT TRUST ANYTHING THEY SAY TO YOU.

[Dazed_and_confused]

I and others know what you are going through right now. Hadenough is correct - get up to speed on the BIA.

Sadly, I do know more than I ever wanted to about bankruptcy. We went through it together some years ago because of too many financial mistakes (Which is why I mentioned that this will be her 2nd bankruptcy). I learned from that and have been working to recover ever since. Apparently though, the STBX sees it as an easy way out, rather than a catastrophic event.

Trustee will possibly send you a form to fill out to determine if you should be considered an official creditor.

Just to be clear, right now I am not talking to HER trustee, but one from the organization hadenough pm'd me. I rarely use a sole source for basing my actions, etc. upon, and I will be getting in touch with a local lawyer when I return home tomorrow ...... 2 days earlier than anticipated from my first real rest / vacation in close to 10 years. That on it's own is enough to make me a little ornery right now.

The only thing I am looking forward to right now is being able to see my kids this weekend. Even though I had to jump through hoops and bend over backwards to be able to be "allowed" to see them .........

[Dazed_and_confused]

Keep us posted on how you are doing.

Just thought I would reappear and let anyone interested know how things are going. Certainly it has been an exhausting several weeks. Thanks to the help of a good friend I was able to connect with a great real estate agent and sell the house in 1 week (from listing to acceptance of offer), although the actual closing was today, and I should receive my portion of the proceeds next week. Not a lot, but it is cash on hand to pay the legal bills, and I avoid the bankruptcy pit.

I was in touch with her Trustee and I was able to obtain a copy of her bankruptcy filing. Being the helpful person I am, I pointed out how she failed to claim a couple sources of income and that she failed to account for the extra 2 pay periods in a year (which drives up the average monthly income figure) and missed listing a tuition debt (if payed just prior to bankruptcy it is preferential treatment and gets clawed back). The end result will likely extend her bankruptcy 12 months, and will make it very difficult to pursue her studies in the future.

Having been able to find a nice small apartment and start getting settled, I have been fortunate enough to have my kids over at least once a week for a special home cooked supper and time together. They still love Dad's cooking, and I have rediscovered the joy of making a decent meal for people I love to be with. I have been able to walk them to school several times a week too. Obviously the kids are feeling uncertain, as the initial few visits were relatively quiet, but they are really starting to open up and talk, and ask when we can do supper / walk to school again. So far I have been allowed to see them whenever they agree to do so ....... I'm hoping that continues, as my youngest son has indicated he would love to come spend a night (or more) with me. With summer coming on, it is very possible he will want to spend the majority of his time at my place. Just to be clear, the reason he wants to be with me is because we do things together; I am not bribing him. He is not getting that with his mother.

I tried to negotiate things with the STBX, but all she did was take any goodwill gesture and reject the rest. BTW, she is still living in the house ...... now renting it from the new owner. I chose to allow that for the sake of my kids, rather than be a prick and reject it, even if I might have made more money off a different purchaser. So, it looks like I will have to fight, and I will be meeting again with my lawyer next week to discuss things. Unbelievably, she wants me to pay the cost of a separation agreement. Well, it was her decision, so she can pay.

Overall, while there is still a lot of hurt left in me, life is starting to look good again. The good days are outnumbering the bad. The support of friends and family is helping me get through this.