Personal Bankruptcy Law + Bankruptcy Discharge Applications

Expertise in Bankruptcy Discharges

Our firm has extensive experience in the niche area of assisting individuals with seeking or obtaining discharges from bankruptcy. We have represented bankrupts, Licensed Insolvency Trustees, creditors, and other stakeholders in personal bankruptcy proceedings and hearings. With hundreds of discharge applications under our belt, we have the knowledge and experience to advocate effectively for our clients in this area.

Comprehensive Representation

Our services in this area often relate to:

1. Preparing and making applications for discharges from bankruptcy
2. Providing pre-bankruptcy advice on how to go bankrupt, potential difficulties in assigning into bankruptcy, and whether BIA proposals or informal proposals could be pursued to avoid bankruptcy
3. Preparing and applying for variations to conditional orders of discharges
4. Advising on consumer or division I proposals, including reinstating or curing defaulted proposals or obtaining orders to make new proposals
5. Prosecuting or defending claims under s. 178(1) of the BIA
6. Handling appeals

We have represented individuals in personal bankruptcy proceedings at every level of court in British Columbia and as lead appellant's counsel at Supreme Court of Canada on the landmark decision of Poonian v. British Columbia (Securities Commission), 2024 SCC 28 whether financial sanctions imposed by provincial securities regulators survive a discharge from bankruptcy.

Understanding Bankruptcy Discharges

A discharge from bankruptcy is a legal mechanism that releases an individual from the bankruptcy process, granting a fresh financial start by forgiving debts and liabilities. It enables a person to re-enter commercial life and begin rebuilding their credit. Furthermore, it releases them from the numerous restrictions and duties imposed on a bankrupt under Section 158 of the BIA and offenses related to credit under Section 199 of the BIA.

Navigating Opposition to Discharges

If a creditor, the Trustee, or the Superintendent of Bankruptcy (OSB) opposes a discharge from bankruptcy, the bankrupt becomes ineligible for an automatic discharge, necessitating a hearing before a Registrar in Bankruptcy. Outcomes can range from an absolute discharge to a suspended, conditional, or refused discharge (with or without leave to reapply) or an adjournment.

We assist individuals with long-standing bankruptcies adjourned due to Trustee opposition for non-compliance with their BIA duties, those with significant tax debt, and those facing opposition by creditors or even the OSB. We also represent individuals whose bankruptcies are opposed by provincial regulatory bodies such as the BC Securities Commission for Administrative Monetary Penalties or disgorgement orders.

Complex Cases and Complementary Representation

We do not hesitate to provide representation in complex personal bankruptcy cases or those involving allegations of moral turpitude underlying bankruptcy causes. We also offer complementary representation during civil litigation, family law, criminal, or regulatory proceedings with other lawyers.

Representing Creditors and Trustees

In addition to representing individuals seeking discharges, we also represent creditors seeking to oppose bankruptcy discharges and Licensed Insolvency Trustees requiring representation in discharge hearings.

Appeals and Variations

We aid clients in either appealing or varying their conditional discharge orders. Appeals of discharges (to a judge or the Court of Appeal) have a short ten (10) day appeal period, so seeking advice promptly is crucial for preserving any rights.

Contact Us for a Consultation

If you wish to learn more about retaining our firm to assist with a discharge from bankruptcy or appealing a discharge, please contact us for a consultation by emailing info@reedmanlaw.com or completing our intake page.