What are the requirements to complete a bankruptcy?
In order to eligible for an Automatic Discharge the following conditions must be met:
  1. It must be a first or second time bankruptcy;
  2. The monthly income and expense statements have been submitted during the period of the bankruptcy. These are budget sheets that must be filled out and submitted at the end of each month;
  3. Two financial counselling sessions must be attended;
  4. The affidavit of earnings must be filled out and signed in front of a Commissioner of Oaths. This is done approximately two months prior to the automatic discharge date. We have commissioners at our office and this can be done either by coming in to the office or with a commissioner of oaths in your local area.
  5. The bankruptcy fees must be paid in full. This would include Surplus Income if required;
  6. Tax information for the year prior to the bankruptcy and the for the year of the bankruptcy must be provided to the Trustee;
  7. No creditors have opposed the discharge;
  8. The above are the basic requirements. In some cases there may be something additional, this will be discussed with you if it applies to your situation.

Not a first or second time bankrupt

If you are not a first or second time bankrupt the above conditions (#2-#8) would still apply. The difference is that you would not be eligible for an automatic discharge after nine months.

In the case of a third time bankruptcy, an application for discharge would be made to the Court for a suspended discharge. Then length of the suspension varies based on the circumstances.

A third time bankrupt would likely receive a suspension of at least 3-5 years. The circumstances of the bankruptcy and the conduct of the bankrupt would determine the length of the suspension.