Free Consultation

Post bankruptcy creditor concerns

I Filed for bankruptcy in March 2009 and expect to be discharged by the end of the year. I have 2 questions. First, can any of the affected creditors have a collection agency come after me after I am discharged? Secondly, when does my trustee file my taxes for 2008 since CRA has yet to recieve my filing for 2008?
Thank you for your time.

Posted from: Alberta

One Response to “Post bankruptcy creditor concerns”

A licensed trustee said...

The sad truth is that a creditor can hire a lawyer or a collection agency whenever they want – I’ve seen it happen years after a person has been discharged and frankly it’s a nuisance. The good news is, once you provide proof of the bankruptcy and your discharge they will “go away” – once you’ve been discharged you can no longer be compelled to repay the pre-bankruptcy debts.

In a couple of extreme cases, the discharged bankrupt has had to take the creditor to Court in order to get them to stop, but when they did the Court awarded the discharged bankrupt their costs for attending (in other words the creditor had to pay them0.

If you have questions about your taxes you should contact your trustee directly. Your 2008 should have been filed by now, but that doesn’t mean CRA has gotten around to processing it… For whatever reason, bankruptcy returns don’t seem to be a priority at CRA.