How to choose a Trustee (Nothing against respectfull and honest ones out there)

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achille23

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I Have been dischareged for about 5 months now and there seems to a smal relief for what I went through for 2 full years:
  - Debt issues
  -Card repossession
  - Apparetement lost
  - Losing friends and Job.

My story is basically for people that are contemplating bankruptcy and have no clue what it is.
I have been there,I was clueless and had no idea what I was getting myself into.

One major thing that you need to be aware if you are reading this is that Bankruptcy isn't costy compare to consumer proposal but have more penalties than consumer propersal ( Consumer Proposal is more expensive that Bankruptcy ).

I was unemployed when I filled for bannkruptcy.My trustee ( with small t ) was aware of that fact and two to three weeks after i got a job offer.I politly let the Manager of the Office know via phone conversation that I got a new job.His answer was "you will have to pay us more".I was like ok that is fine.

One month later I got another job offer from another company that was giving an income increase.I again call the Manager of the trustee office and let him know and his answer was " you will have to pay us more".

When I keep remembering his answers I felt like I should have done my homework properly before signing that bankruptcy papers.

Yes it was a big decision to make to relieve myself from collectors and creditors but that does not mean that your trustee need to threat you like they own you or like crap.For a well repsected firm the good thing to do was to inform the bankrupt of possibility when your income is increasing.Didn't see that from my trustee.Their only concern in this whole thing is to get what is your due to pay them ( who doesn't want more money - more money i make more money they can keep for themself and who cares about the creditors and my goals).

My trustee never inform me about what is the OSB and what it does until I asked the question.Things like this should be discussed in the 1st meeting or signing of the bankruptcy agreement or consumer proposal.

For anyone new to Bankruptcy and Consumer Proposal please go to the following link and get your sefl educated.
These below explain how to select a GOOD and RESPECTED and RESPECFULL TRUSTEE that has your interest in mind as well as their.

Advise on dealing with your trustee is don't take anything they said for granted.Be aware that they will threat you like crap no matter who you are ( that is from experience ).Even though you are paying for their service you are nothing just like another bankrupt for them.

For my case I was really really patient with them while they misplaced my monthly expenses , they almost steal 1000$ from me ,they didn't update my addresses changes until the tax time came ( when they need to grab my money).All that bring more stress and quit honestly,my trustee didn't care.For them its just another bankrupt.My whole life was hanging on my bankruptcy and they didn't care ( even tho i explained to them my immigration situation ).

Like they word said TRUSTEE ( there is the word Trust in it - not DISHONESTEE ).

Everytime the trustee will call me they will have me on speakers phone ( dont get me wrong tho, its not illegal to put someone on speaker phone but for respect to yourself, the company you for for please let the other person on the line know that he/she is on speaker phone and introduce whoever is in the room with you and check if that is ok with the person).For my trustee they own you and can do anything they want.RESPECT is nothing in their Office Policy I guess.

I filed with Deloitte in Calgary ( Bankers Hall downtown ).... Anyone that are planning or already dealing with that Office to be really really caution as Trust isn't a word they use in that Office.

Cheers,

No one should force anyone to stay on Bankruptcy.Get all your options layed out and MAKE YOUR OWN DECISION FOR YOUR LIFE

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needhelp403

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Yeah you can't trust the trustee ??? ??? Hardie and Kelly. I was told bankruptcy was my only option when my wages were garnished. NOT TRUE!! I didn't want to file for bankruptcy. But I was misled during a time of distress...taken advantage of and signed papers. I asked to have the bankruptcy annulled. ..the trustee refused. I asked  to file a consumer proposal and the trustee refused. I complained to the OSB but they told me that the document s were already filed and protected the interest s of the trustee.  I just called my creditors  myself and stopped  the wage garnishment! ! The trustee who knows the rules and laws could have easily said just call the creditor who is garnishing your wages to stop. NO THEY DIDN'T EVEN MENTION IT TO ME!!  If they did I guess they would have lost a customer.  I asked the OSB to substitute my trustee because  I want to file a consumer proposal and my trustee will not cooperate! ! They advised me to contact my trustee.  I wanted to file for an annulment to the bankruptcy because my debts are settled...the court told me my trustee should file for the annulment! !  ??? I objected to the trustee receiving a surplus of funds that were obtained from my wage garnishment before I filed for bankruptcy and the trustee threatened to charge me for the court fees if I lose and dont withdraw my application to have the funds distributed to my creditor that garnished the wages. The trustee claims the surplus belongs to them!! According to the bankruptcy and insolvency act!! I dont know who to trustee.  Im looking for a good and honest lawyer!! I dont know who to trust! !

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achille23

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I'm just glad that I'm not the only one with bad trustee (small t) Experience.

Three things you need to do before signing the bankruptcy papers:

- educate yourself on what is a bankruptcy and what is a consumer proposal.The OSB website is a great tool

- call the OSB and ask questions before starting your search for a Trustee ( if you are luck and end up speaking with one of their nice ladie, she will advise you )

- do a proper search for your Trustee (with CAPITAL T)
             - ask questions like how long the firm or the Trustee has been in bussiness
             - what is the rate of success or happy people they have helped
              - ask for references and call their reference and ask how they were treated
              - ask to meet the Trustee as well ( Trustee is a PERSON not a company )
   ( bankruptcytrusteescanadadotcom is a good website )

ONE MAIN THING IS ALSO DO NOT TAKE A RUSH DECISION.The People that beleive to be a "trustee" will presure you to go for bankruptcy even if you dont want to or can avoid it.The honest Trustee will let you take your own decision.
Everybody is vulnerable when debts issues arise.

Cheers,

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achille23

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For your case I will advise you to contact the Trustee himself or herself...I'm betting you that the people you have been dealing with aren't the Trustee of your case.

Request a meeting with the Trustee, do not settle with the Manager or the Senior Analyst of their office.They will try to hide everything and any issues from the real Trustee.

Cheers,

Yeah you can't trust the trustee ??? ??? Hardie and Kelly. I was told bankruptcy was my only option when my wages were garnished. NOT TRUE!! I didn't want to file for bankruptcy. But I was misled during a time of distress...taken advantage of and signed papers. I asked to have the bankruptcy annulled. ..the trustee refused. I asked  to file a consumer proposal and the trustee refused. I complained to the OSB but they told me that the document s were already filed and protected the interest s of the trustee.  I just called my creditors  myself and stopped  the wage garnishment! ! The trustee who knows the rules and laws could have easily said just call the creditor who is garnishing your wages to stop. NO THEY DIDN'T EVEN MENTION IT TO ME!!  If they did I guess they would have lost a customer.  I asked the OSB to substitute my trustee because  I want to file a consumer proposal and my trustee will not cooperate! ! They advised me to contact my trustee.  I wanted to file for an annulment to the bankruptcy because my debts are settled...the court told me my trustee should file for the annulment! !  ??? I objected to the trustee receiving a surplus of funds that were obtained from my wage garnishment before I filed for bankruptcy and the trustee threatened to charge me for the court fees if I lose and dont withdraw my application to have the funds distributed to my creditor that garnished the wages. The trustee claims the surplus belongs to them!! According to the bankruptcy and insolvency act!! I dont know who to trustee.  Im looking for a good and honest lawyer!! I dont know who to trust! !

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Stewart

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So I emailed the Manager of the Trustee Office and got no reply back for a day.
The following day I waited till the end of the day and I emailed him again and got an Out Of Office reply back reading.

He is away of the office and will have limited email access and dont tell who is taking over his duties in emergencies sitaution.

So basically if you are not in your office you don't tell whom to contact for emergency issues?

Another proof that they will treat you like crap...and have no respect for your estate of yourself.

Choose your Trustee properly.

Achille23;

I can appreciate that you're frustrated, but some friendly advice if you're open to it - if you continue to approach the situation headlong like you've been doing you're not likely to get good results. You can't expect busy people to drop everything to respond to you immediately. The office manager likely has a lot of people looking to contact them and has to prioritize accordingly.

The best way to get hold of someone is to make an appointment to speak face to face. Get your facts and documents in order and go for a meeting. Like it or not there are channels you need to go through.

As you said, you waited until the end of the day and got an "Out Of Office" auto response. This is completely normal and accepted behaviour from a corporate professional. As for someone taking responsibilities, quite frankly everyone has different definitions of emergency situation. An E.R. doctor would need to have someone covering them in case of emergency, but there aren't very many financial situations that would require an office manager's immediate attention at all hours of the day or night. Most every situation can wait - there's even a grace/notice period for forced evictions or foreclosures for heaven's sake.

As with everything in life, you get out what you put in. If you continue to push your trustee's office with such animosity they're going to continue to circle the wagons in an effort to keep you away.

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achille23

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Thanks for the advice mr Stewart but have u ever been bankrupt ??

Cheers,

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Stewart

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Thanks for the advice mr Stewart but have u ever been bankrupt ??

Cheers,

No, however in my career I've counseled hundreds of clients with financial difficulties. The majority of them I've caught before it was 'too late' and given them guidance on how to rectify their situation before it became too difficult to pull out of. I've also referred many of them to trustees to talk about options regarding proposals and/or bankruptcy in some cases to afford them creditor protection before they started facing judgements, garnishments and possible asset seizure.

In my job I speak directly with lenders, underwriters and trustees every single day. I know what each and every one of them look for, I've been instructed on how credit files work by banks as well as the major credit file companies directly.

My qualifications make me more than capable of advising people what they need to do with their personal finances and how to deal with lenders, collection companies, trustees, etc. in order to make things right.

Naturally you're free to heed my advice or not, but I dare say that the fact I've not declared bankruptcy should not be the sole factor as to whether or not I'm qualified to give advice on the subject.

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achille23

  • Guest
Mr Stewart,

Ah I see where younarencoming from. What I'am writing is only from experience and one  time only.

We only live once and having your life screwed up by someone bad advise hurt. How do you feel losing two years of your salary for mistakes you made ?

Are you willing to work 40 hours a week and let that go to someone that treat you like crap?

I' m sure that you have respect for your clients and people you dealt with but did all your customers comes back happy?

My story line is to help others choose the right Trustee.i was unfortunate to thimbles on one that treat their client like crap.

I do appreciate your advise but with my personality that is who im and how I react. I'm sorry if I've offended anyone on your line of work but sometimen you need to see the really in front.i'm honestly not looking for my issues with my trustee to end well.

Do you think treating people like crap because they were unlucky in finance is right? And not even apologies when they are wrong on something.

If you send me your info I will reply back to you with my case file and give you more details and explain you why I'm not happy at all.you don't have all the facts.

Not everything have been said yet.

I'm really open for have a chat with someone that knows what he/she is talking about.

Cheers,

Thanks for the advice mr Stewart but have u ever been bankrupt ??

Cheers,

No, however in my career I've counseled hundreds of clients with financial difficulties. The majority of them I've caught before it was 'too late' and given them guidance on how to rectify their situation before it became too difficult to pull out of. I've also referred many of them to trustees to talk about options regarding proposals and/or bankruptcy in some cases to afford them creditor protection before they started facing judgements, garnishments and possible asset seizure.

In my job I speak directly with lenders, underwriters and trustees every single day. I know what each and every one of them look for, I've been instructed on how credit files work by banks as well as the major credit file companies directly.

My qualifications make me more than capable of advising people what they need to do with their personal finances and how to deal with lenders, collection companies, trustees, etc. in order to make things right.

Naturally you're free to heed my advice or not, but I dare say that the fact I've not declared bankruptcy should not be the sole factor as to whether or not I'm qualified to give advice on the subject.

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vrak1984

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