Canadian law fag dropping in again to say, Chantal's trustee is not working to get her clear of her bankruptcy if there is a hearing for discharge.
Your LIT works with you yes, but the Bankruptcy and Insolvency Act obligates them to wrangle the bankrupt person as well. It is extremely rare to need a hearing for discharge unless you are on your 3rd or more bankruptcy.
If it is your third bankruptcy the Act says you must go to Court to be discharged even if you are a model bankrupt and do everything your trustee says.
On your first, or in Chantal's case, second bankruptcy you are eligible for an automatic discharge (no court hearing needed) within a certain statutory period (9 to 21 months for 1st bankruptcy and 24 to 36 months for second).
You only have a discharge hearing on your second bankruptcy if your discharge is being opposed by a creditor or your trustee.
It is waaaay more common for trustees to oppose their clients discharge than one of the client's creditors. Basically, Chantal has failed to fulfill her duties as a bankrupt under the Act and Andre has resorted to court to reign her in.
She has also most likely been dodging him because trustees will work with clients to work out the beef before a court date (ie. If Chantal had been willing to work with Mr. Bloc to fulfill her duties or devise a plan to do so in the coming year he would have forgone the hearing). Also, trustees send out notice of the hearing 3 months before the hearing date. So she has known he is looking for her and her participation for at least 3 months and fucked off to Kuwait instead. The Act states fleeing the country to avoid your bankruptcy duties can amount to an offence under the Act and earn her a summary conviction of a fine or fine and short jail time.
For a layman's dive into when and why you end up in bankruptcy court follow the link.
On today's show, find out exactly what you can expect from a bankruptcy court hearing and how Hoyes Michalos trustees can help you prepare.
www.hoyes.com
To quote the bankruptcy lawyer interviewed for the piece, "Well, first of all, if you’re going to court it’s because you didn’t do something you were supposed to, or you did do something you’re not supposed to."
As Milk Tea would say, pick your poison Chantal.
ETA:
https://www.hoyes.com/blog/do-i-have-to-go-to-court-if-i-file-for-bankruptcy/