Can You Change Trustees Once You Have Filed Bankruptcy

Once you have filed for bankruptcy in Canada/Alberta, the Trustee you went to is designated by the Office of the Superintendent of Bankruptcy.  Once appointed, only the Courts can substitute that Trustee.  Or that Trustee consents to a change.  Or a meeting of your creditors is called and the creditors substitute the Trustee.   For the Courts to substitute the Trustee named on your file, you would have to show valid reasons as to why you are requesting the substitution.  It is not a common occurrence.  Not impossible, but not an every-day application.  You would start the process by finding a new Trustee willing to act for you, find a lawyer who can make the court application and file affidavits for you (or make the application on your own).  A Court date would then be set where you or your lawyer and the Trustee would appear.  The Courts would hear all the arguments and make their decision.   If you are struggling with your Trustee, I would recommend that you first try to talk to him/her.  Failing that, you could call the Office of the Superintendent of Bankruptcy.  They would ask you your concerns and if they feel it warranted, call the Trustee to discuss.  Hopefully resolve the situation this way.   Good luck.  And if you would like further information about this process, don’t hesitate to call.   Donna Carson, CGA, CIRP, Trustee Calgary and Central Alberta regions 1.877.500.0792