How can I find out if my bankruptcy is discharged or not?

[amandahaggett]

Hi,

I am a Canadian and I am sponsoring my British husband to come to Canada. I claimed bankruptcy about 5 years ago, however I am unsure if I was ever discharged or not? How do I find this out, what form of proof am I required to provide in regards to this?

Thank You

 

[KJG]

Contact the trustee who acted in your bankruptcy......you should have received paperwork stating you are now discharged...usually after 5 years but it will stay on your credit bureau report for 7 years.

 

[amandahaggett]

Ok Thank you. I do not believe I completed the requirements for the bankruptcy, however I have never been contacted regarding it or been given a court date or anything. I am wondering if the bankruptcy would have been "cancelled" so to speak, or if I would just be sitting in undischarged.

 

[KJG]

definitely call your trustee then.....if you have unfulfilled requirements you may not be eligible for early discharge and will have to wait the full 7 years.....discharge is at the discretion of the trustee at times.......

 

[amandahaggett]

Okay thank you, do you happen to know what form of proof they require to show you are not in bankruptcy?

 

[KJG]

Okay thank you, do you happen to know what form of proof they require to show you are not in bankruptcy?

I don't believe they require proof....you just answer the question on the form....and Ican't quite remember what the exact wording was, but I would contact your trustee because you may be required to submit proof that you have been discharged...

 

[amandahaggett]

Do you happen to know what the option C printout is used for?

 

[KJG]

Do you happen to know what the option C printout is used for?

the option c printout is from CRA and is used for proof of income......it is free of charge and takes about 2 weeks to receive when ordered by phone....

 

[ccunnington]

A first bankruptcy usually lasts 9 months. If you completed all the requirements of the bankruptcy, you would have received a letter of discharge. If you haven't received such a letter, you aren't likely discharged, but check with your trustee. I had to go through a bankruptcy as well, and I included my letter of discharge in my application. When I asked for my latest Option C Notice of Assessment, there was actually two of them...one pre bankruptcy and one post bankruptcy. Its important that you find out if you've been discharged or not, as you can't sponsor if you are still in bankruptcy.

 

[amandahaggett]

I have my latest option c and there is nothing in regards to bankruptcy at all on it, and I only recieved the one. I would assume I am not currently in bankruptcy based on that? Do they use the option C to determine if you are or not?

 

[KJG]

I have my latest option c and there is nothing in regards to bankruptcy at all on it, and I only recieved the one. I would assume I am not currently in bankruptcy based on that? Do they use the option C to determine if you are or not?

I believe option C shows income from sources and is used to ensure you are not on social assistance.

 

[amandahaggett]

From what I can see there is no proof required to show I am discharged, I simply answer the question and unless they have reason to believe oterhwise its left at that. But I am new to this process so I may be incorrect. Thank you for your responses. I am using immigration lawyer campbell cohen to help me with this process and am just hoping for a good outcome.