There will be an automatic discharge for first-time bankrupts (individuals) nine (9) months after they became bankrupt and who have surplus income of less than $200 on average per month. Where the surplus income is greater than $200 per month, a debtor will be receive an automatic discharge after twenty one (21) months.
Second time bankrupts will be eligible for an automatic discharge after twenty four (24) months and who have surplus income of less than $200 on average per month. Where the surplus income is greater than $200 per month, a debtor will be receive an automatic discharge after thirty six (36) months.
If you have large personal income tax debts ($200,000 or more; and representing 75% or more of your total unsecured debt) you will not be eligible for an automatic discharge and a Court application must be made for your discharge. Your bankruptcy will be extended for a period of time that will be determined by a Judge or Registrar of the bankruptcy court after the applicable automatic discharge period mentioned above.
Where there has been an objection to a debtors discharge by a creditor, the Trustee or the Superintendent of Bankruptcy and for individuals who have been bankrupt more than twice, a Court application to determine their discharge