Creditor Calling My Family
February 11th, 2010 by Questions
After I declare bankrupty will creditors stop calling my family members. I have not declare yet, however, I used a family member as a reference on a loan. Now the loan officer has called a family member and left a message and said she will explain the situation to my family member. Is that not against the Privacy Law of Canada. My family does not need to know my financial business.
Posted from: Ontario
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February 12, 2010 at 10:21 am, Barton Goth - Goth & Company Inc. -Trustee in Bankruptcy said:
While I am not in a position to comment on the legalities surrounding the privacy legislation, I can comment on the bankruptcy. When you file for bankruptcy there is an immediate Stay of Proceedings put in place. This Stay effectively removes your unsecured creditors abilities to collect on your these unsecured debts. This means that the creditor will have to discontinue any actions they are currently taking, whether this is phone calls, a court application a garnishemnt, it really doesn’t matter. The major exception is if you family had cosigned on any of these items or guaranteed the debt for you.