When can I pursue an undischarged bankrupt?
When an undischarged bankrupt signs a mediation agreement (failure to make surplus payments and trustee opposed discharge) and the bankrupt does not make the negotiated payments, how long can this go on before the trustee takes the matter before a court?
The bankrupt owes me a substantial amount and I’m amazed that he can keep on working, living well, not making payments and I have to have my hands tied.
Is it correct that the trustee can close the file on the person and then creditors can pursue again for payment if they wish?
How long can this go on before the trustee realizes he is not going to collect?
You can pursue an undischarged bankruptcy once the trustee is discharged.
Since you are a creditor it is within your rights for you to ask the trustee how long he is going to wait before he applies for his discharge.
– Earl Sands, BankruptcyCanada Licensed Insolvency Trustee (LIT)